SADHAN BHATTACHARJEE Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This revisional application under section 397 read with section 401 of Crimial P.C. is directed against the judgment, dated 21.5.2004, passed by learned Addl Sessions Judge, North Tripura, Dharmanagar, in Criminal Appeal No.3 (1)/2004, whereby and where under the learned Addl Sessions Judge affirmed the judgment and order of conviction and sentence, dated 26.2.2004, passed by learned SDJM, Dharmanagar, North Tripura in Case No.GR 132/2001. Ifie petitioner was found guilty of committing offence punishable under sections 279, 337 and 304A of IPC.

(2.) Heard learned counsel, Mr. PK Biswas, assisted by learned counsel, Mr. P. Majumder, for the petitioner and learned Special Public Prosecutor, Mr. RC Debnath, for the State-respondent.

(3.) The brief fact, leading to the institution and trial of the criminal case, against the accused-petitioner, is that on 24.5.2001, at about 9.00 PM the informant, Sri Kanu Das (PW 9) along with some others namely, Akhil Roy (PW 8), Pran Kanta Das (PW 1), Raju Das (PW 7) and another Raich Ali boarded a truck, vehicle bearing No. AS-25B-5781, along with their goods (Jack fruit, Pineapple and Litchi, etc) for a journey to Badarpur/Silchar, Assam. The accused-petitioner, Sri Sadhan Bhattachaijee was driving the vehicle. Besides the petitioner, there was another second driver and an assistant in the vehicle. The accused-petitioner from the very beginning was driving the vehicle rashly and negligently and with a very high speed, even defying the request of the informant and other witnesses. At about 12.30 PM of the night, the vehicle met with an accident at a place, named Lalchhara and it went out of the road fell in the road side and as a result, the informant and other passengers sustained severe injuries and they were taken to Panisagar Hospital where one of the passengers namely, Raich Ali died. It has been alleged that the accident occurred for rash and negligent driving of vehicle by the accused-petitioner.