SRI PALLAV CHAKRABORTY Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) This revisional application, under Section 397 read with Section 401 of Cr.P.C. is directed against the judgment and order, dated 16.10.2012, passed by learned Addl. Sessions Judge, Court No.4, Agartala, West Tripura in Criminal Appeal No.24(3) of 2011 whereunder the judgment and order of conviction and sentence, dated 14.06.2011, passed by learned Chief Judicial Magistrate, West Tripura, Agartala in case No. GR 1149 of 2006 has been upheld.

(2.) Heard learned counsel, Mr. Sankar Lodh for the accused-petitioner and learned Addl. P.P., Mr. R.C.Debnath for the State-respondent.

(3.) Prosecution case is that on 07.11.2006 at about 12- 30 hours Mukesh Mallick, a minor boy, aged about 4(four) years, with his mother Smt. Sikha Mallick, P.W.3, was on way to their house at Gandhigram and at that time one Auto truck bearing registration No.TR01K-0656 being driven rashly and negligently with high speed knocked down and ran over Mukesh on the road and as a result, Mukesh received fatal injury. Local people took him to G.B. Hospital where he was declared dead.