MIHIR DEB @ BHUTTU Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. B. Debbarma, learned counsel appearing for the petitioner as well as Mr. A. Ghosh, learned Public Prosecutor for the state.

(2.) By this petition, filed under Section 397 read with Section 401 of the Cr.P.C. the judgment and order dated 19.12.2012 delivered in Criminal Appeal No.39(4) of 2012 by the Additional Sessions Judge, West Tripura Agartala, Court No.2 has been in question.

(3.) By the said judgment dated 19.12.2012, the judgment of conviction dated 27.10.2010 passed by the Chief Judicial Magistrate West Tripura, Agartala in GR No. 63 of 2005 was partly maintained on acquitting the petitioner from the charge of committing offence punishable under Section 279 of the IPC. The prosecution's case is rooted in the written ezahar filed by one Sridam Saha on 31.01.2005 disclosing that on 31.01.2005 in the morning at about 8.15 a.m. when her elder sister Smt. Suchitra Banik(Saha) @ Sipra Banik with her son namely Kartik Banik @ Uttam were travelling by a loaded Jeep bearing No. TR01-2079 from Agartala to reach Jirania, the said vehicle dashed one truck bearing No. TR01-1536 which was also proceeding toward the same direction, from behind. As a result, her elder sister received fatal injuries and was immediately taken to the hospital. But in the hospital her elder sister died.