SANJOY PAUL Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 16th January, 2008 passed by the learned Sessions Judge, South Tripura, Udaipur in Criminal Appeal No.125(4) of 2007 whereby the learned Sessions Judge dismissed the appeal filed by the petitioner and upheld the judgment & order, dated 26.09.2007, passed by the learned Chief Judicial Magistrate, South Tripura, Udaipur in G.R Case No.209 of 2005 convicting the accused of having committed offences punishable under sections 279 and 337 of I.P.C. In respect of the offence punishable under section 279 of I.P.C., the petitioner was sentenced to suffer rigorous imprisonment (RI) for 1(one) year with a fine of Rs.500/ - and in default of payment of fine to suffer further R.I for a period of 1(one) month. For the offence punishable under section 337 of I.P.C the petitioner was also sentenced to suffer RI for 6(six) months and to pay a fine of Rs.500/ - and in default of payment of fine he was to undergo further R.I for a period of 1(one) month.

(2.) THIS is a case of rash and negligent driving where the allegation is that the accident occurred due to the rash and negligent driving of the driver(the present petitioner) which resulted in grievous injuries to the persons travelling in the vehicle.

(3.) THIS may be negligence in a civil case but does it amount to rash and negligent driving within the meaning of the Indian Penal Code? The answer has to be no. There is a lot of difference between negligence and rash and negligent driving. Not one of the witnesses has stated that the vehicle was being driven in a rash manner or that it was at a high speed.