LAWS(CAL)-2012-12-94

PARIMAL HAWLADER Vs. STATE

Decided On December 12, 2012
Parimal Hawlader Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) In the present revisional petitioner, herein, was nominated as accused in the FIR No. 94/99 dated 15th March, 1999 registered at Police Station Rangat under Section 279/304A of the I.P.C. The aforesaid FIR was registered on the basis of the statement made by Rajesh Roy, PW1, before the Investigating Officer. In the FIR, Rajesh Roy stated that he was working as Mazdoor (Loader) on truck No. AN 2710. He was engaged by Rangalal Haldar, Contractor whereas the petitioner was employed as a Driver. On 15.3.1999, the complainant alongwith other Mazdoors (loaders). Mahadev Saha, Sanjoy Majumdar, Gaoutam Hawladar and Randhir Roy, after loading metal from the quarry were going in the above said truck. The truck was going upwards in the words of complainant 'Truck Chadai Chad Raha Tha'. Suddenly, the truck started rolling backwards (downwards). The labourers on the truck shouted that the truck be stopped. But the driver could not apply the breaks. At that time. Randhir Roy fell from the truck and was crushed by the rear tyres of the truck. It was case of the complainant that the accident took place due to rash and negligent act of petitioner Parimal Hawaldar.

(2.) The Investigating Officer investigated the case and submitted a charge-sheet against the petitioner and the petitioner was charged by the Trial Court for various offences, maximum charge was for offence under Section 304A. IPC. the petitioner pleaded not guilty and claimed to be tried.

(3.) The Trial Court, after having convicted the petitioner for various offences sentenced him as under: