DILIP CHAKMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. P.B. Chakma, learned counsel appearing for the petitioner as well as Mr. A. Ghosh, learned Public Prosecutor appearing for the state.

(2.) THIS is a petition under Section 397 read with Section 401 of the Cr.P.C. against the judgment and order dated 03.08.2006, delivered in Criminal Appeal No. 15(2)/2006 by the Addl. Sessions Judge, North Tripura, Dharmanagar, affirming the judgment of conviction and order of sentence dated 03.05.2006, delivered in G.R. No. 222/2003 by the Sub -Divisional Judicial Magistrate, Dharmanagar, North Tripura. By the said judgment dated 03.05.2006, the petitioner was convicted under Sections 279/338/304 -A of the IPC and sentenced to suffer three months rigorous imprisonment under Section 279 of the IPC, one year rigorous imprisonment under Section 338 of the IPC and rigorous imprisonment for two years under Section 304 -A of the IPC, with a direction that the sentences are to run concurrently.

(3.) ON the basis of the complaint dated 01.06.2003, Pecharthal P.S. Case No. 28/2003, under Sections 279/338/427/304 -A of the IPC was registered and taken up for investigation. After completion of investigation, the final police report charge sheeting the petitioner was filed and the statement of accusations punishable under Sections 279/338/304 -A of the IPC, on taking cognizance thereof was read out to him under Section 251 of the Cr.P.C., when the petitioner pleaded not guilty and claimed to face the trial. The petitioner was also accused of committing the offence punishable under Section 192(1) of the Motor Vehicles Act.