SUDIP DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS revisional application under Section 397 read with Section 401 of CrPC is directed against judgment and order of conviction and sentence dated 26.03.2012 passed by learned Addl. Sessions Judge, Court No. 4, West Tripura, Agartala in case No. Criminal Appeal 35(3) of 2011, whereunder the learned Addl. Sessions Judge upheld the judgment and order of conviction and sentence dated 29.08.2011 passed by learned Judicial Magistrate, First Class, Court No. 4, Agartala, West Tripura in case No. PRC 406 of 2010.

(2.) HEARD learned counsel, Mr. H.K. Bhowmik for the petitioner and learned P.P., Mr. A. Ghosh for the State respondent.

(3.) LEARNED P.P., Mr. Ghosh, with all his fairness, has submitted that in the FIR lodged on 18.04.2010, on the basis of which police started investigation, the number of offending motor bike was mentioned as TR -01 -H -5112 but subsequently the informant submitted a petition stating the number of the offending vehicle as TR -01 -H -7272, and therefore the police started investigation against the rider of that motor bike and it was found that Sudip Das, the accused petitioner was the man in the steering of the motor bike and the accident was committed. It is, however, admitted by learned P.P. that all the witnesses stated that the accident occurred when the victim woman suddenly was trying to cross the road and there was no specific evidence that the motor bike was running rashly and negligently.