BIKRAM PRADHAN Vs. STATE OF SIKKIM

JUDGEMENT

(1.) THE applicant/accused is a driver. On 04.02.2009 he was driving a Maxx vehicle bearing registration number SK -04/6784. There were many occupants in the vehicle including the two deceased persons. The said vehicle was coming from Siliguri to Gangtok. On the way, the applicant tried to overtake the vehicle driven by one Kumar Chettri (PW -3). He rashly and negligently overtook the said vehicle by his Maxx, which ultimately dashed against a wall and, thereafter, fell down 130 feet below from the road.

(2.) THE prosecution came with the case that, on account of the rash and negligent driving of the said vehicle by the applicant/accused on National Highway, many persons received grievous injuries and two of them had lost their lives, therefore, the applicant was liable for punishment under Sections 279/338 and 304A of the Indian Penal Code (for short 'IPC'). There were two eye witnesses to the incident, namely, Kumar Chettri (PW -3) and Dadiram Sharma (PW -4). Kumar Chettri, as we have said, was driver of the vehicle which was overtaken by the vehicle of the applicant/accused and Dadiram Sharma (PW -4) was occupant of the vehicle of the applicant.

(3.) AGAINST the said judgment and findings recorded by the Judicial Magistrate, the applicant filed Criminal Appeal No. 4/2014 before the Principal Sessions Judge, East Sikkim, at Gangtok. However, his appeal was dismissed on 05.04.2014. Thus, the conviction and sentences awarded to the applicant were upheld. Hence this Revision.