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2014 DIGILAW 238 (TRI)

Ajoy Das v. State of Tripura

2014-06-23

S.C.DAS

body2014
JUDGMENT S.C. Das, J. 1. Heard learned counsel, Mr. S. Lodh for the petitioner and learned Additional P.P., Mr. R.C. Debnath for the State-respondent. 2. This revisional application under Section 397 read with Section 401 Cr.P.C. is directed against the Judgment & Order dated 24.03.2009 passed by learned Sessions Judge, West Tripura, Agartala in Criminal Appeal No. 27(3) of 2007 whereunder the learned Sessions Judge upheld the Judgment & Order of conviction and sentence dated 31.07.2007 passed by learned Chief Judicial Magistrate, West Tripura, Agartala in G.R. Case No. 145 of 2004 under Section 279 IPC. 3. Learned counsel, Mr. Lodh with all his fairness at the very outset has submitted that the charge of rash and negligent driving punishable under Section 279 of IPC has been proved against the accused-petitioner, but so far the record shows, it was the first offence of the accused-petitioner and so, learned counsel, Mr. Lodh prays for taking a lenient view in respect of punishment. Learned counsel has also submitted that the offence was committed as alleged on 19.03.2004 and the accused with the punishment on his head has suffered for last 10 years and has learnt a good lesson in the mean time and if a lenient view is taken in respect of punishment, it will serve the purpose of law. 4. Learned Additional P.P., Mr. Debnath conceding the submission of learned counsel, Mr. Lodh has submitted that minimum punishment may be inflicted upon the accused so that the purpose of law is sub-served. 5. Considering the submission of learned counsel, Mr. Lodh as well as learned Addl. P.P., Mr. Debnath and considering the facts and circumstances and the nature and gravity of the offence, the sentence is reduced to imprisonment for 30 (thirty) days and to pay a fine of Rs. 1,000/- (Rupees One thousand), in default of payment of fine to suffer S.I. for further 10 (ten) days. 6. With this reduction of sentence, the Criminal Revision Petition stands disposed of. 7. The petitioner is directed to surrender and serve out the sentence. 8. Send back the L.C. records along with a copy of this Judgment.