SUBASH REANG Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. S. Sarkar, learned counsel appearing for the convict-appellant and Mr. S. Debnath, learned Addl. P.P. appearing for the State-respondent.

(2.) This appeal is directed against the judgment and order of conviction and sentence dated 11.12.2018, passed by the learned Sessions Judge, Dhalai Judicial District, Ambassa, in connection with S.T.(TYPE-2) 6 of 2015, whereby and whereunder, the appellant has been sentenced to suffer RI for 3 (three) months, for the offence under Section-337 of IPC and to suffer imprisonment of 6(six) months for the offence committed under Section-338 of IPC and further imprisonment for a period of 3(three) years for committing offence under Section-304 Part-II of IPC with default stipulations.

(3.) Being charged under Sections-279/337/338 and Section-304 Part-II of IPC, the convict-appellant was tried. The offence as the convict-appellant had committed was that, he was driving a vehicle bearing registration number TR-01-A- 2098 (commander jeep), which was overloaded by gunny bags of rice and other items and also was carrying 19 passengers. When the vehicle was going upward, suddenly started rolling down backwards and ultimately had collided with an ironbridge and fallen into a lunga (ditch). Some passengers were injured and one person expired at the spot, and the driver fled away. The police officer suo moto lodged an FIR and investigation was carried out. The driver was arrested, relevant documents relating to the vehicle were seized. Ultimately, the investigating officer had submitted charge-sheet against the accused driver and the charges were framed. In course of trial as many as 24 witnesses were examined and 14 documentary evidences were introduced.