SADDAK MIAH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This criminal revision under Section 397 read with section 401 of the Code of Criminal Procedure, 1973 has been directed against the judgment and order dated 11.06.2018 of the Additional Sessions Judge of Gomati Judicial District, Udaipur in Crl. Appeal No.9(1) of 2017 affirming the judgment and order of conviction and sentence dated 23.12.2016 passed by the learned Assistant Sessions Judge of Gomati Judicial District in case No. ST.18(GT/U) of 2015 convicting Md. Saddak Miah @ Sadek Miah (the petitioner herein) and sentencing him to RI for 6 months for each of the offences punishable under Sections 279 and 337 of the Indian Penal Code (IPC hereunder) and RI for 2 years for offence punishable under Section 304A IPC directing that the sentences would run concurrently.

(2.) The basic facts required to be noted for the purpose of appreciation are that Sri Nantu Das, son of Shri Haradhan Das of Maharani, Udaipur lodged a written complaint with the Officer-in-charge of R.K.Pur Police Station of Udaipur in Gomati Tripura District at 6.25 P.M on 11th March, 2014 alleging, inter alia, that at about 4.15 P.M on the day, a speeding tripper truck of white colour bearing registration No. TR-03-C-1730 collided with an auto rickshaw of green colour bearing registration No.TR-03-A-3889 on the approach road of Maharani Barrage. Allegedly, the offending tripper truck of the petitioner came from the opposite direction when the auto rickshaw was proceeding to Maharani Barrage along its approach road. It has been alleged by the informant that at the time of the said collision between the two vehicles, he was standing near the place of occurrence along with some other people. Seeing that the offending tripper truck was coming at high speed from the opposite direction, the alarmed auto driver parked his vehicle at the road side to allow the tripper truck to go. Apprehending danger, the informant and other people who assembled there also raised their hands and signaled the tripper truck not to proceed further. Defying their signal, the offending tripper truck maintained its speed. As a result, the truck hit the auto rickshaw and dragged it to a considerable distance. The people started chasing the tipper truck and ultimately they could detain the truck along with the petitioner driver. Allegedly, the petitioner was found to have consumed alcohol because there was smell of alcohol in his mouth. As a result of the accident, one of the passengers of the auto rickshaw namely Arun Kumar Datta died and others received serious bleeding injuries. They were immediately taken to Tripura Sundari District Hospital at Udaipur. It was alleged by the informant that the accident occurred due to rash and negligent driving of the vehicle by the petitioner who was drunk at the time of the accident.

(3.) Based on this FIR, R.K.Pur PS case no 45 of 2014 under Sections 379, 338 and 304, part-II IPC was registered and the investigation of the case was entrusted to Shri Jaharlal Debbarma, sub-inspector of police who was then posted as the Officer-in-charge of Maharani police out-post. During his part of the investigation, Shri Debbarma [PW-19] arrested the accused, made necessary seizures and examined the material witnesses of the case. Later part of the investigation was conducted by Shri Biswajit Das, sub-inspector of police of R.K.Pur police station who submitted charge sheet against the accused petitioner for his prosecution under Sections 379, 338 and 304, Part-II IPC.