PROMODE DATTA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This revisional application under Section 397 read with Section 401 of Cr.P.C., is directed against the judgment and order of conviction and sentence, dated 31.10.2009, passed by learned Addl. Sessions Judge, Belonia, South Tripura in criminal appeal No. 20 of 2009, where-under the learned Addl. Sessions Judge upheld the judgment and order of conviction and sentence of the accused petitioner dated 20.08.2009, passed in Case No. GR 47 of 2006 by the learned SDJM, Belonia.

(2.) Heard learned counsel Mr. S. Sarkar for the accused-petitioner and learned Addl. P.P. Mr. R.C. Debnath for the State-respondent.

(3.) The accused petitioner was charged for commission of offence punishable under Sections 279,337 and 427 of IPC. The allegation is that on 20.02.2006 at about 10:45 a.m., a BSF vehicle bearing registration No. TR01-D-1777 was proceeding towards Gokulnagar from Matai BOP and when the vehicle reached at a place named 'Baspadua' on Matai-Belonia Road, a truck vehicle bearing registration No.TR01-A-1684 being driven rashly and negligently with high speed coming from the opposite direction dashed against the BSF vehicle and as a result, the BSF vehicle was badly damaged and the driver and other BSF personnel travelling in the vehicle sustained injuries. The driver of the BSF vehicle namely Bijender Singh (P.W.2) lodged FIR at Belonia P.S. and the injured BSF personnel were taken to Belonia Hospital. After the accident, the driver of the offending truck vehicle fled away from the spot.