SANJIT GHOSH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 8th June 2005, delivered by the learned Sessions Judge, Agartala, West Tripura, in Criminal Appeal No. 57(4) of 2002, whereby he dismissed the appeal filed by the petitioner herein and upheld the judgment of the learned Judicial Magistrate, 1st Class, Court No. 2, Agartala, West Tripura, dated 02.12.2002, convicting the accused petitioner for having committed offences punishable u/s. 304A and section 279 r/w section 337 of the I.P.C. and sentencing him to undergo rigorous imprisonment (RI) for a period of 6(six) months and to pay a fine of Rs. 2,000/ -, in default of payment of fine to suffer further RI for 2(two) months.

(2.) THE prosecution story briefly stated is that the accused Sanjit Ghosh alias Sanjay Ghosh drove Commander Jeep No. TR -01 -3108 in a rash and negligent manner causing the death of one old person Jitendra Debnath and causing injuries to the other persons travelling in the vehicle.

(3.) TO prove the case against the present petitioner, the prosecution basically relies upon the statements of PWs. 5, 8, 9 and 10. The other evidence is not very relevant. PW. 5, Sunil Barman, was travelling in the jeep when the occurrence took place. He has stated that the jeep was being driven very fast but has stated that he cannot identify the driver. He has also admitted his signatures on the complaint Exbt. P/5. In the FIR the accused is shown as driver of TR -01 -3108 and the name of the accused is not given.