LAWS(GAU)-2012-4-100

CRIMINAL REVISION Vs. STATE OF TRIPURA

Decided On April 18, 2012
Criminal Revision Appellant
V/S
STATE OF TRIPURA Respondents

JUDGEMENT

(1.) THIS revisional application under Section 397 r/w Section 401 of Cr.P.C. is directed against the judgment, dated 25 -01 -2005, passed by learned Addl. Sessions Judge, West Tripura, Khowai, in Criminal Appeal No. 11 (3)/2004. By the impugned judgment learned Additional Sessions Judge upheld the judgment and order of conviction and sentence passed by learned Judicial Magistrate, 1st Class, Khowai in case No. G.R. 184/2003, whereby and where under the learned SDJM found the accused appellant guilty of committing offence punishable under Sections 279, 338 and 304(A) of I.P.C. and sentenced him to suffer SI for 1(one) month under Section 279 of I.P.C. and RI for 3 (three) months and to pay a fine of Rs. 1,000/ - (Rupees one thousand), in default of payment to suffer SI for 1(one) month under Section 338 of I.P.C. and again to suffer RI for 1 (one) year and to pay a fine of Rs. 3,000/ - (Rupees three thousand), in default, to suffer SI for 3 (three) months under Section 304 (A) of I.P.C. All the substantive sentences were directed to run consecutively.

(2.) HEARD learned counsel, Mr. D. Bhattacharjee for the petitioner and learned Additional Public Prosecutor, Mr. P. Bhattacharjee, for the State -respondent.

(3.) IN course of trial prosecution examined as many as 18 witnesses and out of them PWs. 2, 5, 6, 7, 8, 11 and 17 are all injured passengers of the vehicle. PW.1 is the informant of the case. PWs. 4, 14, 15 and 16 are the local people of the place of accident, who gathered on the spot after the accident occurred and are the witnesses to the seizure of vehicle. PWs. 9, 10, 12 and 13 are the Medical Officers, who examined the injured passengers and done PM examination over the dead body of the deceased Narayan Deb. PW. 18 is the I.O. of the case. Defence adduced no evidence. Defence case, so far ascertained from the cross -examination of the prosecution witness and the statement of the accused made while examination under Section 313 of Cr.P.C., is that the accused was not driving the vehicle at the time of accident and that the accused is innocent.