PARESH CHANDRA BARMAN Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The instant criminal revision petition is filed by the convict petitioner under Section 397 read with Section 401, Cr PC, challenging the judgment dated 15.04.2004 passed by the learned Sessions Judge in Criminal Appeal No. 41 (4) of 2003 whereby and whereunder learned Sessions Judge upheld the judgment dated 29.09.2003 passed by the learned Addl. Chief Judicial Magistrate, West Tripura, Agartala in Case No. GR 93812001 whereby and whereunder the petitioner was convicted under Section 279 and 304-A, IPC and sentenced to undergo RI for six months for commission of offence punishable under Section 279, IPC and also to suffer RI for one year for commission of offence punishable under Section 304-A, IPC. Heard Mr. S. Deb, learned senior counsel assisted by Mr. Somik Deb, learned counsel for the petitioner as well as Mr. A Ghosh, learned Addl. PP for the State respondent.

(2.) The prosecution case in brief is that on 10.11.2001 at 1305 hours, PW. 1 Gopal Das lodged a written ejahar with the Officer In- Charge of Champak Nagar Police OP alleging inter alia, that on the same day at about 9.30 a.m. his nephew, Shri Subrata Das, aged about 5 years was knocked down by a speeding Teliamura bound truck bearing registration No. AS-01-F-2176 on Assam-Agartala road at Chandra Sadhu Para, as a result of which, said Shri Subrata Das died on the spot. It was also alleged that the aforesaid accident driver.

(3.) On receipt of the ejahar, the Officer-in-Charge of the Champak Nagar OP entered the gist of the information in GD Book vide Champak Nagar GD Entry No. 228 dated 10.11.2001 and thereafter forwarded the FIR to the Jirania PS for registration of a specific case.