KRISHNA CHARAN DEBNATH Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) THE instant revision petition is filed by the accused -petitioner challenging the judgment and order dated 08.08.2006 passed by the learned Addl. Sessions Judge, North Tripura, Dharmanagar in Crl. A. 13(2)/2006 affirming the conviction of the convict petitioner under Section 326 IPC and sentenced him to suffer RI for six months and to pay a fine of Rs. 5,000/ -, i.d. to suffer RI for another five months.

(2.) HEARD Mr. H. Debnath, learned counsel for the accused -petitioner as well as Mr. R.C. Debnath, learned Addl. PP for the State.

(3.) LEARNED SDJM, Dharmanagar, North Tripura upon receipt of the charge sheet took cognizance of the offence and issued process for appearance of the accused persons and accordingly, the accused -petitioner and his son appeared before the Court. During trial, the son of the accused -petitioner namely, Pradip Debnath expired on 06.05.2005 in a motor accident against which a case was registered in the Dharmanagar P.S. bearing No. 47/2005 under Sections 279/304(A) IPC. Due to the expiry of the son of the accused -petitioner no charge could be framed against the accused -petitioner under Section 326 read with Section 34 IPC.