NIRANJAN SUTRADHAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By the impugned judgment and order, dated 27.06.2005, passed, in Criminal Appeal No. 13 (2)/2004, the learned Sessions Judge, WestTripura, Agartala, has dismissed the appeal and upheld the judgment and order, dated 10.02.2004, passed, in GR Case No- 444/2002, by the Learned Judicial Magistrate, Agartala, convicting the accused-petitioner under Sections 279 and 338 of the IPC and sentencing him to suffer rigorous imprisonment for 6 (six) months and pay a fine of Rs. 500/- and, in default of payment of fine, suffer rigorous imprisonment for a period of 1 (one) month.

(2.) While considering the present revision, it is pertinent to point out that according to the case of the prosecution, on 19.06.2002, at about S.45 A.M., when one Hrishikesh Ghosh was raising boundary fencing along with his daughter, Aninia Ghosh, a truck bearing registration No, TRL 1489 came with high speed, knocked him down and caused grievous injuries on his person. Hearing the cries of Artima, her mother, Jinu Rani Ghosh, rushed to the pface of occurrence and found her husband lying injured in unconscious state. The injured was shifted to the hospital, where he was found to have suffered multiple fracture. On completion of investigation, charge-sheet was laid against the accused-petitioner under Sections 279 and 333 I PC, for, the accused- petitioner was the one, who had, claimed the prosecution, driven the said vehicle rashly and endangered the personal safety of Hrishikesh Ghosh.

(3.) The accused-pctitionerpleaded. at his trial not guilty to the accusations made against him under Sections 279 and 333 of the IPC.