BIBISAN DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The instant appeal arises out of the judgment and conviction and sentence dtd. 6/9/2019, passed by the learned Addl. Sessions Judge, Gomati Judicial District, Udaipur, in connection with case No.S.T 79(GT/U/) of 2014(T-1), whereby and whereunder the appellant has been convicted under Ss. 304A/338/337/279 of IPC and sentenced him (a) to suffer RI for one year and to pay a fine of Rs.5,000.00, in default, to suffer further RI for three months for the offence under Sec. 304A, (b) to suffer RI for six months and to pay a fine of Rs.500.00, in default, to suffer further SI for two months for the offence under Sec. 338 of IPC, (c) to suffer RI for two months and to pay a fine of Rs.300.00, in default, to suffer further SI for one month for the offence under Sec. 337 of IPC and (d) to suffer RI for one month and to pay a fine of Rs.200.00, in default to suffer further SI for ten days for the offence under Sec. 279 of IPC. It was also directed that all the sentences shall run concurrently.

(2.) Prosecution case, in brief, is that on 21/2/2014 at night about 2400 hrs. at Kalaban, Udaipur, on Garjee- Tulamura Road under R.K. Pur P.S., Gomati District, the accused-appellant was driving his vehicle bearing No.TR- 03-2563(Commander Jeep) rashly and negligently and caused an accident wherein one person died.

(3.) The Officer-In-Charge, on being receipt of the complaint lodged by one Ratan Jamatia, carried out investigation. During the process of investigation, he recorded the statements of the available witnesses under Sec. 161 of CrPC, sent the body for post-mortem examination, prepared the inquest report. On completion of investigation, the investigating officer having found prima facie case against the appellant had filed charge-sheet under Ss. 279/337/338/304 Part II of IPC.