AMAL DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS criminal revision petition, under Section 397 r/w Section 401 of Cr.P.C, is directed against the judgment & order, dated 10.06.2004, passed by learned Sessions Judge, West Tripura, Agartala in Criminal Appeal No.1(1)/2003. By that impugned judgment learned Sessions Judge upheld the judgment & order of conviction and sentence, dated 5.12.2002, passed by learned Chief Judicial Magistrate, West Tripura, Agartala in Case No.GR.330/2000, whereby and whereunder learned Chief Judicial Magistrate found the petitioner guilty of committing offence, punishable under Sections 279 & 338 of I.P.C and sentenced him to suffer RI for 3(three) months under Section 279 of I.P.C and again R.I for 6(six) months under Section 338 of I.P.C.

(2.) HEARD learned Counsel, Mrs. N Guha for the petitioner and learned Special Public Prosecutor Mr. R C Debnath for the State-respondent.

(3.) THE prosecution case is that Mahadev Bhattacharjee, Satish Ch. Ghosh and Sajal Chakraborty were on a morning walk, on 29.04.2000 at about 6.00 AM through Ramnagar road No.4 towards Gangail road extension and at that time a Maruti Van vehicle bearing registration No.TR-01-A-1965 coming from northern direction with high speed knocked down Satish Ch. Ghosh and Mahadev Bhattacharjee and, as a result, both of them sustained serious injuries and Sajal Chakraborty some how escaped from injury as he jumped away in the roadside. THE injured Mahadev Bhattacharjee and Satish Ch. Ghosh was taken to G.B hospital with the offending vehicle and they were treated in the hospital. THE accused petitioner, Amal Das was the driver of the vehicle at the time of accident and the accident occurred for rash and negligent driving of the vehicle.