1. This revision petition is directed against the judgment and order, dated 15.4.2004, passed by the learned Sessions Judge, North Tripura, Kailashahar, in Case No. Criminal Appeal 12(4) of 2002. Aggrieved by the said judgment and order, the convict-appellant, as petitioner, has come up with this revision petition, under sections 401 and 397 read with section 482 of the Code of Criminal Procedure, 1973 ('Cr.PC').

2.1 have heard Mr. I. Chakraborty, learned counsel, appearing for the petitioner and Mr. A. Ghosh, learned Addl. Public Prosecutor, appearing for the State-respondent.

3. The prosecution case, as revealed during the trial, in brief, may be stated as follows : -

The Betcharra Madhyamik Vidhyalay ('the School'), is a school situated on a hilly area, on the western side of the main road (A.A. Road). The road coming from the school, down the hill, joins the main road on its western side. On 9.2.2001, at about 3 O'clock, the petitioner was driving his vehicle (Jeep), bearing Registration No.TRT-1982, from the south to the north of the said main road. At that time, after the break of the said school, Sri Nehamia Darlong, (since deceased) a student of Class-VT and Sri' Rinsanga Darlong, a student of Class-VII, were coming towards the main road by riding a bicycle. As soon as they reached the main road, the said Jeep, coming from the northern side, dashed against them as a result of which they had fallen down on the road. In the said accident both the students aforesaid, sustained injuries and they were immediately taken to the Kumarghat Gramin Hospital and, thereafter, referred to the R.G.M. Hospital, Kailashahar. On the next day of the said accident, out of the two injured persons, one Nehamia Darlong ('the deceased) succumbed to the injuries sustained by him. The offending vehicle was detained by the students, who gathered in the place of occurrence. The Headmaster of the said School lodged the FIR (Ext.P/4) with the O/C, Fatikray Police Station, Kumarghat, North Tripura.

4. On receipt of the FIR, police registered a case under sections 279/338 of the Indian Penal Code ('IPC') and launched investigation into the matter. Police also made a prayer before the learned Chief Judicial Magistrate, North Tripura, Kailashahar, to add the offence under section 304A, IPC and the said prayer was allowed. At the close of investigation, police submitted charge sheet, under sections 279/3387 304A IPC, against the present petitioner and forwarded him to the court of the learned Chief Judicial Magistrate, Kailashahar to stand trial. During trial, the petitioner was examined under section 251, Cr.PC, to which he pleaded not guilty and claimed to be tried. The plea of the defence is a denial one.

5. In order to prove its case, prosecution examined as many as 12(twelve) witnesses including the Medical Officers and the Investigating Police Officer. At the close of evidence for the prosecution, the accused person was examined under section 313, Cr.PC. He denied the allegations brought against him and declined to adduce any defence witness.

6. The learned Chief Judicial Magistrate, Kailashahar by his judgment and order, dated 31.10.2002, convicted the accused-petitioner, under sections 279/338/304A, IPC and sentenced him to suffer simple imprisonment for two months, for his conviction under section 279, IPC, simple imprisonment for one year, for his conviction under section 338, IPC and simple imprisonment for two years, for his conviction under section 304A, IPC. It was also directed that, all the sentences shall run concurrently.

7. Aggrieved by the said conviction and sentence, the convict, as appellant, preferred an appeal, being Criminal Appeal No. 13(4)72002, before the learned Sessions Judge, North Tripura, Kailashahar, and the learned Sessions Judge, by the impugned judgment and order, dated 15.4.2004 aforesaid, while upholding the conviction under section 304A, IPC, modified the conviction under sections 279 and 338, IPC to one under section 3

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