GOURANGA LAL ROY Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) In this revision petition challenge is the judgment dated 04.05.2011 passed by the Ld. Sessions Judge, West Tripura, Agartala in Cri.A. No. 43(4) of 2010 the learned Sessions Judge upheld the order of conviction of the petitioner under Sections 279 and 338 of the IPC and sentencing him to suffer SI for 2 months under Section 279 of IPC and SI for 6 months under Section 338 of the IPC, passed by the learned Judicial Magistrate, 1st Class in G.R. Case No. 1073 of 2007.

(2.) Heard Mr. Somik Deb, learned counsel appearing for the petitioner as well as Mr. R. C. Debnath, learned Addl. P.P. appearing for the State respondent.

(3.) Prosecution case, in short, was that on the intervening night of 09.10.2007 and 10.10.2007 at about 12.10 a.m. one Rajesh Saha, (PW-2) was on the way to Agartala riding his scooter bearing No. TRM-5463 and he was on his extreme left side of the road and driving the scooter in normal speed. While he was near Bardowali bus stop, at that time a canter truck vehicle bearing No. TR-01-B-1930 coming from opposite direction with a high speed being driven rashly and negligently knocked down Rajesh Saha with his scooter and as a result, Rajesh Saha received severe bleeding injuries and he was shifted to G.B. Hospital immediately by the people gathered there.