AMAR KRISHNA MALSOM Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This Criminal Revision Petition is directed against the judgment dated 15.11.2014 delivered by the learned Sessions Judge of Gomati Judicial District at Udaipur in Criminal Appeal No.31(3) of 2014 whereby he upheld the conviction of the accused petitioner under Sections 279, 337 and 304A IPC and affirmed the sentences under Sections 337 and 304A IPC while setting aside the separate sentence under Section 279 IPC awarded by the learned Chief Judicial Magistrate by his judgment and order dated 16.06.2014 passed in case No. GR 309 of 2010.

(2.) The prosecution story, briefly stated, is that first informant Smt Motak Manti Malsom along with her husband Prasad Haw Malsom was returning home from Aatharabhola in an auto rickshaw bearing registration number TR-01-C-4235 on 18.06.2010 at about 3 p.m. As a result of the rash and negligent driving of the accused petitioner, the vehicle capsized on the way at a place called Laxmanpara and in consequence all the passengers of the vehicle including the first informant and her husband were seriously injured and they were taken to the local hospital where her husband died. The offending vehicle at time of occurrence was carrying 6 passengers besides the driver. Smt. Motak Manti Malsom lodged written FIR with the Officer–in-charge of the jurisdictional police station at about 10.35 p.m. on the same day.

(3.) Based on her FIR, Killa Police Station case No. 17 of 2010 under Sections 279,338 and 304A, IPC was registered and the case was taken up for investigation.