(1.) THE challenge in this revision petition is the judgment and order dated 14.07.2008 passed by the learned Additional Sessions Judge, West Tripura, Agartala in Criminal Appeal No. 45(4) of 2007 upholding the judgment and order of the learned Chief Judicial Magistrate dated 26.10.2007 in GR 497 of 2004 whereby the petitioner has been convicted under Section 279/304(A) of the Indian Penal Code and sentenced to suffer rigorous imprisonment for a period of four months for commission of offence under Section 279 IPC and also sentenced to suffer rigorous imprisonment for a period of six months for commission of offence under section 304(A) IPC respectively with a direction that both the aforesaid sentences shall run consecutively.
(2.) HEARD Mr. Sekhar Dutta, learned counsel appearing for the petitioner as well as Mr. RC Debnath, learned Additional Public Prosecutor.
(3.) THE prosecution in order to prove its case had examined as many as 10 (ten) witnesses including the official witnesses. The accused in his defence examined none. The defence of the accused is of total denial of the allegation and it is stated that a false case has been initiated against him. Learned Chief Judicial Magistrate, West Tripura, Agartala after appreciating both oral and documentary evidence came to a conclusion that the prosecution has established its case beyond reasonable doubt and accordingly he convicted the accused convict petitioner under Sections 279/304(A) IPC and sentenced him, as stated supra.