Hon'ble Mr. Justice S. Talapatra

1. This petition as filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 impinges the judgment and order dated 10.06.2004 as passed by the learned Addl. Sessions Judge, West Tripura, Agartala in Criminal Appeal No.48(4) of 2002. The said criminal appeal, however, was filed against the judgment of conviction and order of sentence dated 09.09.2002 as passed by the learned Judicial Magistrate, 1st Class, Agartala, West Tripura in Case No. G.R.43/2000.

2. The prosecution case as reflected from the records is that on 21.01.2000 a telephonic information was received at the East Agartala Police Station about a road traffic accident that occurred at Katalbagan. Making an entry in the G.D. of that information, police rushed to the place of occurrence, where they received a written complaint from Dr. Jayanta Kishore Debbarma. In the complaint, it was stated that the complainant, after hearing a big sound had came out to the road and found that his brother's Maruti car and a Commander Jeep were lying in a ditch adjacent to the road. On enquiry, the complainant came to know that a Lorry bearing No.TR-01-1935 dashed the Com