DEBABRATA BANIK Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This present revision petition has been filed under Sec. 401 read with Sec. 397 of Cr.P.C. to examine the legality, validity, and propriety of the impugned judgment dtd. 17/6/2020 passed by the learned CJM, South Tripura District Belonia in case No. PRC(SP)38 of 2016, wherein the learned Trial Court convicted the petitioner under Sec. 279/338 of IPC and under Sec. 187 of M.V. Act and also legality, validity, modifying, and propriety of the impugned judgment dtd. 24/8/2022 passed by the learned Sessions Judge, South Tripura, District, Belonia in Crl. Appeal No.01 of 2021.

(2.) The brief fact of this case is that on 10/12/2015 at about 10 am, victim Nantu Sarkar was proceeding towards his paddy field, and when he reached near the 'pakka' bridge adjacent to the house of one Prankrishna Baidya, Belonia-Barpathari road, at that time, the vehicle bearing No.TR-08-0279 being driven by the petitioner came with excessive speed and when it tried to overtake one tipper truck, it dashed him. After the accident, the petitioner fled away from the spot with his vehicle. Due to the accident, the victim sustained injuries on his waist, leg, and other parts of his body and nearby people shifted him to Belonia Hospital, and from there he was referred to TMC, Hapania Hospital, Agartala for better treatment. It is also alleged that when the informant along with one Nripen Datta chased the offending vehicle, they found it near Vivekananda Nursery. They tried to stop the vehicle but the convict-appellant dashed their motorcycle and the informant received injuries on his right hand. It is further alleged that the accident took place due to rash and negligent driving of the driver of the offending vehicle.

(3.) Based on the FIR, police registered Belonia P.S. Case No. 2015/BLN/150 under Sec. 279/338 of IPC and Sec. 187 of M.V. Act. After investigation finding prima facie case, S.I. Ranjan Biswas filed charge sheet dtd. 31/5/2016 vide C/S No. 29/2016 under Sec. 279 and 338 of IPC and Sec. 187 of M.V. Act against accused Sri Debabrata Banik being driver-cum-owner of the offending vehicle bearing No. TR-08-0279 (Maruti Alto 800). After taking cognizance and supplying the prosecution copies to the accused person, charges under Sec. 279 and 338 of IPC and Sec. 187 of M.V. Act have been framed against accused Sri Debabrata Banik. The accused-appellant denied the charges and claimed to be tried.