ABDUL SAHID 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 06.10.2005, passed by learned Addl. Sessions Judge, Khowai, West Tripura in criminal appeal No.3(3) of 2005, where-under the learned Addl. Sessions Judge upheld the judgment and order of conviction and sentence, dated 01.08.2005, passed by learned SDJM, Khowai in Case No.GR 241 of 2003.

(2.) Heard learned counsel Mr. A.K. Pal for the convictpetitioner and learned P.P. Mr. A. Ghosh for the Staterespondent.

(3.) Prosecution case is that, on 30.07.2003 at about 7:45 a.m. the informant, P.W.1 Bikash Bhowmik along with his father and his sister Rekha Bhowmik, aged about 21 years were standing in front of a tea stall at Tuichindrai Bazar to avail a vehicle for their going to Agartala. At that time, a Maruti Van vehicle bearing No. TR01-F-0393 coming from Agartala direction with abnormal high speed, knocked down Rekha Bhowmik in the roadside and thereafter the vehicle dashed a electric post and stopped there. Rekha Bhowmik sustained grievous bleeding injury after the accident and fell down on the road. She was taken to Teliamura Hospital where-from she was referred to G.B. Hospital but on way to G.B. Hospital she succumbed to the injuries. P.W.1 Bikash Bhowmik, brother of deceased Rekha Bhowmik, lodged FIR before the O.C., Teliamura and accordingly, Teliamura P.S. Case No. 93 of 2003 under Sections 279/304-A of IPC was registered and after investigation police submitted charge-sheet against the accused-petitioner.