KINKAR SARKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The instant revision petition is filed by the petitioner challenging the judgment and order dated 19.06.2012 passed by the learned Additional Sessions Judge, Court No.2, West Tripura, Agartala in Criminal Appeal No. 40(4) of 2010 whereby and whereunder the learned appellate Court upheld the order of conviction dated 04.10.2010 passed by the learned Judicial Magistrate, 1st Class, Court No.6, Agartala, West Tripura in case No. GR 485 of 2008 convicting the petitioner under Section 279/304A of the IPC, and set aside the sentence of S.I for 3 months, as awarded for commission of offence punishable under Section 279 IPC but affirmed the sentence of S.I for 1 year for the offence punishable under Section 304A IPC.

(2.) Heard Mr. AK Pal, learned counsel appearing for the petitioner as well as Mr. A. Ghosh, learned Public Prosecutor appearing for the State respondent.

(3.) The prosecution case, needed to be discussed, is that on 10.06.2008 at about 4.00 pm, while the son of the complainant, namely, Shyamananda Goswami was standing infront of their house situated at Jogendranagar near Mahasakti club under the local limits of East Agartala police station, at that time one auto truck vehicle bearing registration No. TR-01-G-1701 which was proceeding towards Jogendranagar from Aralia side dashed Shyamananda on the road at Jogendranagar and as a result the victim, Shayamananda sustained grievous injury on his person and thereafter he was shifted to GBP hospital, Agartala for treatment. On 15.06.2008 at about 0300 hours, the victim Shyamananda succumbed to his injuries in the hospital. The said accident took place due to rash and negligent driving of the offending vehicle by the accused driver i.e. the petitioner.