NITAI DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This petition is directed against the judgment dated 19.01.2006 passed by the learned Additional Sessions Judge, North Tripura, Dharmanagar, whereby he partly allowed the appeal and upheld the conviction of the petitioner under Section 304(A) IPC read with Section 337 IPC and also upheld the sentence of six month rigorous imprisonment but held that the accused would not be liable to pay fine, as imposed by the learned trial Magistrate vide his judgment dated 15.11.2005 in GR Case No. 06 of 2004.

(2.) The prosecution case briefly stated is that the accused was driving truck no. TR-02-1820 in a rash and negligent manner on 03.01.2004. According to the prosecution, due to the rash and negligent driving of the truck by the accused, the truck hit a bicycle on which PW-3, Sajan Malakar was travelling along with one Dipankar Das. Said Dipankar Das died at the spot and Sajan Malakar received injuries.

(3.) Both the courts below have come to the finding of fact that the accident occurred due to rash and negligent driving of the truck. It has been strongly contended by Sri. S. Chakraborty, appearing on behalf of the petitioner that (i) the identity of the driver of the truck has not been established; and (ii) that there is no proof of rash and negligence driving;