Decided on April 28,2021

Dilip Acharjee Appellant


S.G.CHATTOPADHYAY, J. - (1.) By means of filing this criminal revision petition, petitioner has challenged impugned judgment dated 17.08.2017 delivered in Criminal Appeal No. 02(01) of 2017 by the Additional Sessions Judge, Gomati Judicial District, Udaipur affirming the judgment and order of conviction and sentence dated 14.12.2016 passed by the Judicial Magistrate, First Class, Udaipur in Case No. PRC (SP) 156 of 2014 convicting the petitioner for commission of offence punishable under sections 279 and 338 of the Indian Penal Code (IPC for short) and sentencing him to RI for 4 months for offence under section 279 IPC and RI for 1 year for having committed offence punishable under section 338 IPC.
(2.) The factual background of the case is as under: Abdul Hossain Chowdhury of village named Town Sonamura of Udaipur lodged a written ejahar with the Officer in Charge of RK Pur police station at Udaipur on 06.05.2014 alleging, inter alia, that when his father Ful Miah was going to Brahmabari from Sonamura market on his bicycle at about 9 O'clock in the morning on 30.04.2014 he was hit by the offending vehicle of the accused petitioner bearing registration No. TR 01D-2147(MAX). It was stated by the informant that petitioner was driving his vehicle in a rash and negligent manner. As a result, the vehicle hit his father and caused fatal injuries to him. Local people rescued his father and shifter him to hospital who suffered from fracture of bones in several parts of his body. Informant further stated that since he was engaged in the treatment of his father, filing of the FIR was delayed by 7 days.
(3.) Based on his FIR, RK Pur PS case No. 97 of 2014 under sections 279 and 338 IPC was registered and investigation of the case was taken up by police.;

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