PANNA LAL PAUL Vs. STATE OF TRIPURA

JUDGEMENT

(1.) (Oral )- This petition under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure,1973, has been filed by the Petitioner, challenging the judgment and order, dated 16.08.2002, passed by the learned Sessions Judge, West Tripura, Agartala, in Case No. Criminal Appeal No. 14(1)/2001, confirming the conviction of the Petitioner, under Sections 279 and 337 Indian Penal Code, 1860, as recorded by the learned Chief Judicial Magistrate, West Tripura, Agartala, vide judgment and order, dated 02.03.2001 in G.R. Case No. 222/1999. However, by the aforesaid judgment and order, passed by the learned Sessions Judge, the sentence imposed upon the Petitioner by the learned Chief Judicial Magistrate, West Tripura, Agartala, was altered from three months each to a period of one month each for both the offences. The learned Sessions Judge had effected one more modification to the order of the learned trial Judge to the extent that the sentences in respect of both the offences, which were to run consecutively as per the order of the trial Judge, has been directed to run concurrently.

(2.) I have heard Mr. Somik Deb, learned Counsel for the Petitioner and Mr. R.C. Debnath, learned Special Public Prosecutor for the State of Tripura.

(3.) The prosecution case in brief, is that, on 02.03.1999, one Sanjib Biswas lodged an Ejahar before the Officer In-charge, East Agartala Police Station, stating that, while he was proceeding in his motor cycle along the Assam-Agartala main road, a speeding Maruti Van with Registration No. TR(TEM)01-9289, coming from the opposite direction, knocked him down, as a result of which, he sustained injuries on different parts of his body and his motor cycle had also been damaged.