MANNA GHOSH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. M. Kar Bhowmik, learned Senior Counsel assisted by Mr. S. Sutradhar and Ms. A. Dhar, learned Counsel appearing for the Petitioner. Also heard Mr. A. Ghosh, learned Addl. P. P. appearing for the State-Respondent.

(2.) This Revision Petition preferred under Sections 397 & 401 of Cr.P.C. is directed against the Judgment dated 31.08.2001 passed by the learned Judicial Magistrate, 1st Class, Agartala, West Tripura in Case No. G.R. 48 of 1999 convicting the Petitioner to a fine of Rs. 500/- (Rupees five hundred) only and in default to S. I. for one month for offence punishable under Section 279 of I.P.C. and sentencing him to a fine of Rs. 500/- (Rupees five hundred) only and in default to S. I. for one month for offence punishable under Section 337 of I.P.C. and the Judgment dated 11.12.2002 passed by the learned Addl. Sessions Judge, West Tripura, Agartala, Court No. 3 in Criminal Appeal No. 53 (3) of 2001 dismissing the appeal filed against the Judgment dated 31.08.2001 passed by the learned Judicial Magistrate, 1st Class, Agartala, West Tripura in Case No. G. R. 48 of 1999.

(3.) The Prosecution case, in short, is that the O. C. of Amtali P. S. at 11.05 a. m. on 16. 01.1999 received a telephonic information at the Police Station to the effect that a road traffic accident took place at Sekerkote, Daroga Bari, 8 K.M. away from the P. S. Immediately, the O. C. along with staff rushed to the spot and learnt from the people gathered there that a speeding jeep bearing Registration No. TRT-5028 dashed against an auto rickshaw at 11 a.m. causing serious injuries to the passengers of the jeep and those of the auto rickshaw, the front portion of which was damaged. The jeep, after dashing the auto rickshaw capsized and fell down into a nearby pond. Both the vehicles were found at the place of occurrence and by that time one Laxman Bhowmik, who was the driver of the auto rickshaw, filed a complaint with Shri Pranab Sengupta, O. C., Amtali P. S., which was treated as F. I. R. In the F. I. R. it is alleged that the informant was carrying a passenger namely Subhash Shil with his calf in the auto rickshaw to Bishalgarh. On way the informant stopped his vehicle at the place of occurrence for tieing the calf with a rope. At that time one Agartala bound speeding jeep bearing Registration No. TRT-5028 appeared and dashed against his vehicle and the said jeep capsized and fell down into a nearby pond. As a result, the passengers of the jeep, the first informant and the passenger of his vehicle namely Subhash Shil received fatal injuries. The frontal portion of the auto rickshaw was damaged. The complainant Laxman Bhowmik, the driver of the auto rickshaw, was sent to the P. S. for registration of the case. He also received injury and he was hospitalized. Meanwhile the O. C. of the P. S. visited the place of occurrence and seized the offending jeep and the auto rickshaw. He drew the hand-sketched map of the place of occurrence along with the index thereof and recorded the statements of the material witnesses. By that time, he received the information from hospital that the injured Subhash Shil succumbed to his injuries in the hospital. At the instruction of Shri Sengupta, S. I. Shri Benu Lal Kar went to G. B. Hospital and prepared the inquest report. The case was registered as Amtali P. S. Case No. 08 of 1999 under Sections 279/338/427 of I.P.C. After completion of the investigation the police submitted charge-sheet against the accused Munna Ghosh for offence punishable under Sections 279/338/427 and 304-A of I.P.C. On having the charges read over and explained, the accused pleaded not guilty and desired to stand the trial.