ANJALA DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The judgment and order dated 4.2.2004 passed by the learned Sessions Judge, West Tripura, Agartala in Criminal Appeal No. 26 (3) of 2003 upholding the judgment and order of the learned Judicial Magistrate Ist Class, Agartala, West Tripura dated 20.6.2003 passed in Case No. GR 889 of 2001 whereby the Petitioner has been convicted under Sections 279 and 304A of the Indian Penal Code (for short 'the Code') and sentenced to suffer S.I. for one month and R.I. for six months respectively with direction that both the sentences shall run concurrently, is under challenge in this revision petition.

(2.) Heard Mr. DC Roy, learned Counsel for the Petitioner and Mr. A. Ghosh, learned Addl. Public Prosecutor appearing for the State Respondent.

(3.) The prosecution case, in brief, is that on 25.10.2001 at about 5.30 a.m. when the Petitioner was driving TR-01-A-3083 (Jeep) rashly and negligently with 10/12 passengers towards Rangmala met with an accident at Kanak Choumuhani, as a result of which one of the passengers namely, Suvarani Debbarma sustained serious injuries. She was taken to Bisramganj Hospital and from there to G.B. Hospital where she died. Stating the aforesaid facts one Sukesh Debbarma lodged an FIR with the Officer-in-Charge of Bisramganj Outpost. Upon receipt of the said FIR police registered a case being Bishalgarh P.S. Case No. 106/2001under Sections 279 and 304A of the Code. The Petitioner surrendered before the I/O. of the case on 02.11.2001. Upon investigation, the I/O. of the case Shri Kiran Kumar Tripura (P.W.9) submitted charge sheet under the aforesaid sections. The accused-Petitioner was examined under Section 251 of the Code of Criminal Procedure to which he pleaded not guilty and claimed to be tried.