SAHIL SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Court is hearing this appeal as against the judgment and order of conviction dated 26th April, 2002 and 27th April, 2002 respectively passed by the learned Additional Sessions Judge, Fast Track CourtIII, Nadia at Krishnagar, in Sessions Trial No. XXXVI (Feb) 2011 arising out of Sessions Case No.32(12) of 2010 wherein the appellant was convicted in respect of the charge punishable under Sections 279/304A of the Indian Penal Code and the appellant was sentenced to suffer simple imprisonment for six months for committing an offence punishable under Section 279 of I.P.C. and this appellant was further sentenced to suffer rigorous imprisonment for two years and also to pay fine of Rs. 20,000/-, in default to suffer further rigorous imprisonment for three months for the offence punishable under Section 304A of the I.P.C. It was further ordered that if the fine amount is realised, it shall be remitted to the mother or father of the victim, Jharna Ghosh, under Section 357 of the Cr.P.C, if anyone is alive. It was further ordered that both the sentences will run concurrently and after six months of imprisonment (meant for Section 279 of the I.P.C.) punishment under Section 304A of I.P.C. will run as it is, till its completion.

(2.) The Sessions Case arose out of Dhubulia P.S. Case No. 155 of 2010 dated 09-05-2010 under Sections 279.304 and 338 of the I.P.C.

(3.) The fact of the case before the Trial Court was thus, that this accident took place on 09-05-2010. The F.I.R. was lodged by one Nemai Ghosh (P.W.5), the brother of the victim, Jharna Ghosh, with the Officer-in-Charge, Dhubulia Police Station which was received at the place of occurrence by the police party and was forwarded through Constable No. 53, Ajit Ghosh, and specific case was started about which I have already told.