APU BHATTACHARJEE Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This revisional application under Section 397 r/w Section 401 of Cr. P. C. is directed against the judgment dated 21.06.2004, passed by learned Sessions Judge, West Tripura, Agartala, in Criminal Appeal No. 18(1) of 2004, affirming thereby the judgment and order of conviction and sentence dated 16.02.2004, passed by learned Judicial Magistrate, 1st Class, Agartala, in G. R. Case No. 161 of 2002, whereby the learned Magistrate convicted the accused petitioner under Sections 279/304(A) of IPC and sentenced him to suffer RI for two years and to pay a fine of Rs. 2,000/-, in default of payment, to suffer further RI for one month.

(2.) Heard learned counsel, Mr. H. K. Bhowmik for the petitioner and learned Spl. P. P. for the State respondent.

(3.) Briefly stated, the fact leading to the institution and trial of the criminal case against the accused petitioner is that on the intervening night of 05.03.2002 and 06.03.2002 the accused petitioner was the engaged driver of Mini bus vehicle, bearing registration No. TR-01-1239, belonged to one Bimal Kanti Debnath(PW. 5) and the vehicle was hired for the journey of a groom party from Agartala to village Bhogjore(Bamutia) and the vehicle carried the groom party numbering about 35 persons and the marriage ceremony was solemnized in the house of one Biswanath Paul of village Bhogjore where the groom party attended and after the marriage ceremony was over, the members of the groom party were waiting for the vehicle in front of the house by both sides of the road as the vehicle was parked at a little away. At about 01.30 am of the night the vehicle, being driven with high speed, arrived in front of the house and knocked down a minor girl, namely Sanjukta Barman, aged about eight years, standing by the road side. The accident alleged to have occurred for rash and negligent driving of the vehicle and immediately after the accident the driver of the vehicle, fled away from the spot. The injured girl Sanjukta was taken to G. B. Hospital where she was declared dead. Postmortem examination was done over the dead body and it was opined that the death was due to head injury as a result of contact with strong and heavy object, pressing the head against a strong surface. FIR was lodged on 06.03.2002 at 11.35 hrs. with the O/C Sidhai P. S. by PW. 1 Ratan Paul, who was an eye witness of the accident, narrating the fact alleging rash and negligent driving by the driver of the vehicle, and accordingly, Sidhai PS Case No. 14/2002 under Sections 279/304(A) of IPC was registered and an investigation was taken up. The vehicle was seized in course of investigation and was brought to the P. S. and mechanical examination of the vehicle was done by the M. V. Inspector at P. S. compound on 09.03.2002 and the report was collected by I. O. The owner of the vehicle (PW. 5) appeared at P. S. with all documents of the vehicle including the driving licence of the driver (accused petitioner) and those were seized by I. O. by preparing seizure list. The accused petitioner surrendered before the P. S. on 11.03.2002 and he was accordingly arrested and forwarded to the Court, wherefrom he was released on bail. On conclusion of investigation, I. O. submitted charge sheet on the basis of which cognizance was taken and in due course after conclusion of trial learned Magistrate convicted the accused under Sections 279 and 304(A) of IPC and sentenced him as aforesaid.