SHRI JHUTAN DEY, S/O. SHRI BABUL DEY, RESIDENT OF VILL.-MADHYAPARA, LEMBUCHERRA, P.S.-AIRPORT, DISTRICT-WEST TRIPURA Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) THIS petition as filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 impinges the judgment and order dated 10.06.2004 as passed by the learned Addl. Sessions Judge, West Tripura, Agartala in Criminal Appeal No.48(4) of 2002. The said criminal appeal, however, was filed against the judgment of conviction and order of sentence dated 09.09.2002 as passed by the learned Judicial Magistrate, 1st Class, Agartala, West Tripura in Case No. G.R.43/2000.

(2.) THE prosecution case as reflected from the records is that on 21.01.2000 a telephonic information was received at the East Agartala Police Station about a road traffic accident that occurred at Katalbagan. Making an entry in the G.D. of that information, police rushed to the place of occurrence, where they received a written complaint from Dr. Jayanta Kishore Debbarma. In the complaint, it was stated that the complainant, after hearing a big sound had came out to the road and found that his brother's Maruti car and a Commander Jeep were lying in a ditch adjacent to the road. On enquiry, the complainant came to know that a Lorry bearing No.TR -01 -1935 dashed the Commander Jeep bearing No.TR -01 -3133, which in turn dashed the Maruti car bearing No.ML -05B -6912 which was parked nearby. Severe damage was caused to the Maruti car. From the complaint, it further reveals that the injured passengers of the Commander Jeep were taken immediately to the G.B. Hospital. On receipt of the complaint as stated, East Agartala P.S. Case No.8/2000 under Sections 279/338 of IPC was registered. After completion of investigation, charge sheet was filed against the present petitioner under Sections 279, 337 and 338 of IPC.

(3.) TO establish the substance of accusation as read out to the petitioner, the prosecution examined as many as 11 witnesses including the Investigating Officer and few documents were admitted in the evidence as proved, such as Ejahar, FIR form, Map with index of the place of occurrence, common seizure list of the Maruti car with its documents and the Commander jeep, injury reports of the victims etc. On the other hand, the petitioner did not adduce any evidence.