MADHU SUDHAN DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By this petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 the judgment and order dated 24.07.2004 as passed by the learned Sessions Judge, West Tripura, Agartala in Criminal Appeal No.46(3) of 2001 affirming and upholding the judgment and order dated 29.06.2001 as passed by the learned Judicial Magistrate 1 st Class, Agartala, West Tripura, in Case No. G.R.365/1999, convicting the petitioner herein under Section 279 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for three months and also convicting him under Section 304-A of IPC and sentencing him to suffer rigorous imprisonment for one year has been put under challenge.

(2.) The prosecution case as available from the records in brief is that, on 13.05.1999 at about 7.00 am, Satish Debnath while going to Krishna Tally, Nalgaria was dashed by one vehicle bearing Registration No.TR-01-2220 which was proceeding with a high speed. Said Satish Debnath was immediately shifted to G.B. Hospital for treatment of the grievous injuries that he received in the said accident. After few days of the occurrence the matter was informed to the Ranirbazar Out Post, which forwarded the same to the Jirania Police Station. On the basis of the said complaint, Jirania P.S. Case No.34/1999 was registered under Sections 279 and 338 of IPC. After the said case was registered, Satish Debnath succumbed to his injuries and on obtaining leave from the court, Section 304A of IPC was added for the purpose of investigation. On completion of investigation, the charge sheet was filed and the petitioner having been examined under Section 251 of Cr.P.C., pleaded not guilty and claimed to be tried.

(3.) It appears that during trial as many as 12(twelve) witnesses including the Investigating Officer were examined by the prosecution to establish the substance of accusation. After evidence was recorded and argument was heard the learned trial court on appreciation of the evidence returned the finding of conviction against the petitioner under Section 279 and 304A of IPC. The petitioner was sentenced to suffer RI for three months for the offence committed under Section 279 of IPC and RI for one year for the offence committed under Section 304A of IPC.