NIKHIL BANIK Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS criminal revision petition is directed against the judgment dated 19 -05 -2005 passed by the learned Sessions Judge, West Tripura, Agartala in Criminal Appeal No. 55(4) of 2002 whereby the appeal of the petitioner was dismissed and the judgment dated 05 -11 -2002 passed by the learned Judicial Magistrate 1st Class, Agartala, West Tripura in case No. G.R. 176 of 2001 was upheld whereby he convicted the present petitioner of having committed offences punishable under sections 279 and 337 of the Indian Penal Code (IPC) and sentenced him to undergo simple imprisonment for 6 (six) months for committing each of the offences. Both the sentences were directed to run concurrently.

(2.) THE prosecution story, briefly stated, is that the accused -petitioner was driving Maruti car bearing No. TR -01 -3356. It is alleged that he drove the car in rash and negligent manner and thereby caused injuries to various persons and hence, the charges were levelled against the accused. Both the Courts below had found the accused guilty. Hence, this appeal.

(3.) PW -1, Smti. Archana Das (Sarkar) was travelling in Maruti car bearing No. TR -01 -3356. According to her, the car was going downhill and at Amtali it tried to overtake a bus which was standing on one side and passengers were getting down from the bus and thereby the car went on the wrong side and collided head on with a commander jeep which was coming from the opposite direction. The witness suffered injuries and she has stated that the accident took place due to the fault of the driver of the Maruti car. She has also stated that if the driver of the Maruti car had waited for a couple of seconds behind the standing bus, the accident could have been avoided.