SANKAR DEBNATH Vs. STATE OF TRIPURA
HIGH COURT TRIPURA
STATE OF TRIPURA
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(1.) Having been convicted and sentenced for commission of offence punishable under Sections 279 and 304A of the Indian Penal Code (IPC, in short), convict petitioner Sankar Debnath has challenged appellate court's judgment dated 07.08.2018 which has been delivered by the Additional Sessions Judge of Gomati Judicial District in Criminal Appeal No.38(3) of 2017 affirming his conviction and sentence of imprisonment for six months under Section 279 IPC as well as the conviction and sentence of one year under Section 304A IPC.
(2.) Petitioner has assailed the impugned judgment of the appellate Court on several grounds which can be summarised as follows:
(i) The involvement of the offending vehicle in the alleged accident has not been established.
(ii) There is no eye witness who have seen the accident.
(iii) Some of the witnesses improved their version in Court during trial which they never stated to the Investigating Officer in their police statement recorded under Section 161 Cr. P.C.
(iv) The learned trial Court did not follow the principle of 'presumption of innocence' during the trial of the case.
(v) Guilt of the petitioner has not been proved beyond reasonable shadow of doubt.
(3.) Appearing for the petitioner Mr. D. K. Das Choudhury, learned counsel has referred to the facts of the case and also taken the Court to the evidence led by the prosecution and pointed out to various contradiction and infirmities appearing in the evidence of the prosecution witnesses to establish his contention with regard to the innocence of the petitioner and the frailty of the judgment of the trial Court as well as of the appellate Court.;
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