SRI MANGAL DEB BARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS criminal revision petition was listed yesterday when none appeared for the petitioner. The matter was adjourned for today but today also none appears for the petitioner. Therefore, I proceed to decide the matter in the absence of the learned counsel for the petitioner. This revision petition has been filed against the judgment dated 22.03.2005 passed by the learned Sessions Judge, west Tripura, Agartala whereby he dismissed the appeal filed by the petitioner and upheld the judgment dated 19.09.2002 passed by learned Judicial Magistrate, First Class, Agartala, West Tripura in G.R. Case No. 722 of 1999 and held the accused guilty of having committed an offence punishable under section 279 read with section 338 I.P.C. but sentenced him only under section 338 of I.P.C. to suffer 6(six) months rigorous imprisonment (RI) and to pay a fine of Rs. 500/ -, in default thereof to suffer further RI for 1(one) month.

(2.) THE allegations against the petitioner were that on 29.09.1999 he drove TR -01 -3587 in a rash and negligent manner from Agartala towards Kamalghat. It is alleged that the vehicle was being driven not only rashly and negligently but also at a high speed and near the Adarini Tea Garden it overturned and as a result, some passengers suffered grievous injuries. On perusal of the evidence of P.Ws. 6, 7, 8 and 9 who were the passengers of the vehicle it is clear that these witnesses have stated that the accident occurred due to the rash and negligent driving of the driver. The accused was being identified to be the driver. All of them have stated that the vehicle was being driven at a high speed and in a rash and negligent manner. On the basis of this evidence both the Courts below have come to a finding of fact that the accused was guilty of rash and negligent driving. There is no error of jurisdiction in the order. Therefore I find no ground to exercise my revisionary jurisdiction to interfere in the same. There is no merit in the petition which is accordingly dismissed.