SANJIT SUKLA BAIDYA Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) THIS revisional application under Section 397 read with Section 401 of Cr.P.C. is directed against judgment and order of conviction and sentence dated 21.06.2008 passed by learned Addl. Sessions Judge, Kamalpur, North Tripura in Criminal Appeal No. 3 of 2008, whereunder the learned Addl. Sessions Judge upheld the judgment and order of conviction of the accused petitioner by judgment dated 04.03.2008 passed by learned Judicial Magistrate, First Class, Kamalpur, in G.R. Case No. 177 of 2006.

(2.) HEARD learned counsel, Mr. S. Chakraborty for the petitioner and learned P.P., Mr. A. Ghosh for the State respondent. The informant, Nazir Uddin(PW1) lodged an FIR on 13.09.2006 at about 1930 hrs. before O/C Kamalpur P.S. alleging that on that day at about 4.30 PM they got down from a vehicle at a place near Durai Shibbari Mandir on Ambassa -Kamalpur road and the road running north to south at that place. The informant Nazir Uddin with his wife Hasina Bibi(PW3), son Reaj Uddin(PW8) and minor daughter Sahena Khatun got down from the vehicle and while Nazir Uddir with Sahena was crossing the road from western side to eastern side of the road, suddenly, the offending vehicle bearing No. TR -01 -B -2438 running from north to south with abnormal high speed knocked down Sahena Khatun aged about 5 1/2 years and Sahena died on the spot.

(3.) IN course of trial prosecution examined 10 witnesses, namely P.W. 1 Nazir Uddian, PW2 Nazir Ahmed, PW3 Hasina Bibi, PW4 Nur Hussain, PW5 Mujibar Rahaman, PW6 Sudip Sinha, PW7 Rasij Uddin Ahmed, PW8 Reaj Uddin, PW9 Narayan Debnath and P.W. 10 Dilop Debbarma. Out of the aforesaid witnesses, according to the prosecution, PWs 1, 3, 4 and 8 are the eyewitnesses of the accident. PW6 is the owner of the vehicle who was declared hostile by the prosecution and his previous statement recorded by I.O. under Section 161 of Cr.P.C. has been proved as Exbt. 5. P.W. 10 is the I.O. of the case. Other witnesses are of little importance.