BABUL CHAKRABORTY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE correctness of the judgment dated 6-3-1999 passed by the Ld. Addl. Sessions Judge, Belonia, South Tripura in Crl. Appeal No. 6(1) of 1999 upholding the order of conviction and sentence passed by the Ld. Sub-Divisional Judicial Magistrate, Belonia in G.R. No. 49 of 1997 is in question in this revision petition.

(2.) THE material facts leading to the filing of this revision petition may be noted first. On 5-3-1997 at about 9 p.m. the informant, Jubaraj Das and some others belonging to Laogang village had hired a Jeep bearing No. TRT - 1557 for going to their village. When the Jeep was about to reach Laogang village market, it fell down on the roadside stream, which resulted in causing injuries to the informant and other passengers. However, one of the passengers, namely, Subhashi Das, fell under the pressure of the vehicle in the accident, was severely injured and succumbed to her injuries on reaching Santirbazar Hospital.

(3.) IN the course of trial, the prosecution examined as many as 10 witnesses to bring home the charges against the petitioner. Out of these 10 witnesses, P.Ws. 2, 4, 5, 6 and 7 were the passengers of the ill - fated Jeep and are, accordingly, eye - witnesses to the accident. No evidence was adduced on behalf of the petitioner but his defence was one of denial of the offences charged against him. At the conclusion of the trial, the Ld. S.D.J.M. found the petitioner guilty of the offences under S.279 and S.304 - A, IPC and sentenced him to undergo R.I. for one month for the offence of S.279, IPC while he was sentenced to suffer R.I. for five months with a fine of Rs. 5,000/- for the offence of S.304 - A, IPC. Being aggrieved, the petitioner preferred an appeal before the Ld. Addl. Sessions Judge, Belonia, who, however, dismissed the appeal observing that the sentence was extremely minimum, vide the judgment dated 6-3-1999. This judgment is now under challenge in this revision.