JIYAUL RAKMAN HOSSAIN Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. D.C. Roy, learned counsel appearing for the petitioner as well as Mr. R.C. Debnath, learned Addl. P.P. along with Mr. S.B. Dey, learned counsel appearing for the state.

(2.) THIS is a petition filed under Section 397 read with Section 401 of the Cr.P.C questioning the legality of the judgment and order dated 19.11.2010 delivered in Criminal appeal No. 21(3) of 2010 by the Sessions Judge, South Tripura Udaipur, Now Gomati Judicial District affirming the judgment dated 31.07.2010 delivered in case No. GR 250 of 2006 by the Judicial Magistrate, First Class, Udaipur, South Tripura convicting the petitioner under Section 304 -A of the I.P.C. for committing the offence of rash and negligence act, causing death. By the impugned judgment, the sentence has been modified. For such modification, the petitioner now shall suffer 1(one) year simple imprisonment with a fine of Rs. 1,000/ - in default of payment of find, to suffer further 2(two) months simple imprisonment under Section 304 -A of the I.P.C. as no sentence has been awarded under Section 279 of the IPC. One Sri Sadhan Ch. Chakraborty (PW -2) lodged the information disclosing that one Maruti Van bearing registration No. TR -03 -0470 which was being driven in a very high speed ran over a middle aged unknown woman who was walking along the left side of the road. He has categorically disclosed that the accident occurred owing to speed and reckless driving by the driver of the said Maruti Van.

(3.) IN order to substantiate the charge of accusation, the prosecution adduced as may as 13 witnesses including the informant, two other eye witnesses, the medical officer, who attended the grievously injured lady when she was brought to the hospital and the investigating officer. That apart, the prosecution introduced as many as 7(seven) documentary evidence including the seizure list of the wearing apparels of the deceased, the mechanical inspection report conducted by the Motor Vehicle inspector on the offending vehicle etc.