BACHHU MIAH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE instant revision petition is directed against the judgment dated 12.01.2005 passed by the learned Sessions Judge, West Tripura, Agartala in Criminal Appeal 22(2) of 2004 whereby and whereunder the learned Sessions Judge dismissed the appeal preferred by the petitioner and affirmed the judgment dated 25.03.2004 passed by the learned Additional Chief Judicial Magistrate, West Tripura, Agartala in G.R. Case No. 312/2002, whereby the petitioner was convicted under Sections 279, 337 and 304A of the Indian Penal Code (for short 'IPC') and sentenced to suffer R.I for two years for commission of offence under Section 304A of the IPC with a fine of Rs.2,000/ -, in default of payment of fine to suffer further R.I. for a period of one month. No order of sentence has been passed for commission of offence under Sections 279 and 337 of the IPC in view of Section 71 of the IPC.

(2.) HEARD Mr. S. Bhattacharji, learned Amicus Curiae appearing for the petitioner as well as Mr. R. C. Debnath, learned Additional public prosecutor appearing for the respondent.

(3.) THE investigating authority after proper investigation submitted the charge sheet against the accused -petitioner, Md. Bachhu Miah, under Sections 279/337/304A of the IPC and sent the case record to the Court of the learned Chief Judicial Magistrate, West Tripura, Agartala for prosecution of the accusedpetitioner. The learned Chief Judicial Magistrate transferred the case to the Court of learned Addl. Chief Judicial Magistrate, West Tripura, Agartala (hereinafter referred to as 'trial Court') for trial. The trial of the accused -petitioner was commenced on 29.05.2003. The accused -petitioner was examined under Section 251 of Cr.P.C. on the accusation as the same was attracted to 279/337/304A of the IPC and the accused -petitioner pleaded not guilty and claimed to be tried. In order to prove the case, the prosecution examined as many as 11 witnesses including the Medical Officer (PW8) as well as the Investigating Officer (PW11). At the closure of the evidence of the prosecution, the accusedpetitioner was examined under Section 313 of Cr.P.C. He denied the allegations brought against him and also declined to adduce any witness in support of his defence.