Pradip Kumar Biswas, J. - (1.)Heard the learned Counsel for the petitioner at length as also the learned Counsel for the State. This is an application under Sections 401 and 482 of the Code of Criminal Procedure filed by the petitioner, Subal Chandra Roy, against the opposite party State of West Bengal seeking to set aside the impugned order dated 10th January, 19.95 passed by the learned Sessions Judge, Cooch Behar, in Criminal Appeal No.4 of 1994 and! or to pass such other or further orders as way be deemed tit and proper.
(2.)The facts leading to the present revisional application may be summerised as follows: Upon a petition of complaint lodged by one Taleb Mia, Kotwali Police Station Case No. 25 of 1989 was started under Sections 279 and 304 of the Indian Penal Code against the present accusedpetitioner, Subal Chandra Roy, alleging therein that the accused petitioner on 27th January, 1989 at about 10-30 a.m. caused accident to one Manotosh Das who was carrying a generator machine in his Thela and another Taleb Mia who was going with another Thela carrying different articles due to rush, and negligent driving of a bus on Torsa Bridge which was then driven by the aforesaid accused petitioner.
(3.)The accused petitioner after trial was convicted by the learned Judicial Magistrate, 1st Class (Sadar), Cooch Behar. The accused petitioner was sentenced to suffer R.I, for six months and also to pay fine of Rs. 3,000/-, in default to suffer R.I. for two months for commission of offence under Section .304A, I.P.C.