SRI SANTOSH CHANDRA SHIL, SON OF LATE RAMANI MOHAN SHIL, RESIDENT OF VILLAGE PURBA PARA, P.S. SANTIRBAZAR, DISTRICT: SOUTH TRIPURA Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) By this petition, judgment and order dated 04.03.2015 delivered in Criminal Appeal No.11 of 2014 by the Sessions Judge, South Tripura, Belonia has been challenged. The judgment and order dated 25.11.2014 as passed by the trial court [the court of the Judicial Magistrate, 1st class, Belonia, South Tripura] delivered in case No. PRC 389 of 2011 convicting the petitioner under Sec. 304-A of the Penal Code and sentencing him to suffer rigorous imprisonment for 6 (six) months and to pay a fine of Rs.1,000.00 in default to suffer simple imprisonment for one month for committing the said offence, has been affirmed by the said judgment dated 04.03.2015, the impugned judgment.

(2.) One Abhiram Das filed an oral ejahar on 10.09.2011 through one Rakesh Jamatia, Sub-Inspector of Police, Santirbazar Police Station disclosing that on 10.09.2011 when he was travelling by the vehicle bearing No. TR-01-4148 [the commander jeep] towards Santirbazar and when the vehicle reached in front of the BSF camp at Bagafa and the vehicle was negotiating a turn, another commander jeep bearing No. TR-01-2039 which was being driven with high speed collided with the said vehicle bearing No. TR-01-4148. For that collision, the informant Abhiram Das received serious injuries and another co-passenger namely Ratan Acharjee died in the spot. When he made the oral ejahar, the informant was being treated in the Santirbazar hospital.

(3.) Based on the said ejahar, the Officer-in-Charge, Santirbazar Police Station registered the case being STBPS Case No.66 of 2011 under Sec. 279/304-A of the Penal Code and made it up for investigation. After investigation, the police filed the final report charge-sheeting the petitioner under Sec. 279 and 304-A of the IPC. On taking cognizance, the statement of accusation under Sec. 251 of the Crimial P.C. was read out to the petitioner on 08.03.2013 by the trial court stating that he had committed offences punishable under Sec. 279/304-A of the IPC. The petitioner denied the said accusation and pleaded innocence. As consequence thereof, the prosecution in order to substantiate the said accusation adduced as many as 7(seven) witnesses including the informant [PW-6] and the Investigating Officer namely Sri Rakesh Jamatia [PW-5]. The defence did not adduce any evidence. But when the petitioner was examined under Sec. 313 of the IPC, he repeated his plea of innocence. Having appreciated the evidence, the trial court by its judgment dated 25.11.2014 returned the finding of conviction observing as under: