ABUL HUSSAIN Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) THE petitioner has filed this revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure for quashing/setting aside the judgment and order dated 16.02.2008 passed by the learned Sessions Judge, South Tripura, Udaipur in Criminal Appeal No. 32(4) of 2007 affirming the judgment of conviction and order of sentence dated 15.11.2007 passed in case No. G.R. 18 of 2007 by the learned Sub Divisional Judicial Magistrate, Sabroom, South Tripura wherein the petitioner was convicted under Section 279 and 337 of IPC and sentenced to suffer simple imprisonment for two months with a fine of Rs. 500/ - for commission of offence punishable under Section 337 IPC in default of payment of fine to suffer simple imprisonment for one month.

(2.) HEARD Mr. D. Bhattacharji, learned counsel appearing for the petitioner as well as Mr. RC Debnath, learned Additional Public Prosecutor.

(3.) MR . Bhattacharjee, learned counsel appearing for the convict petitioner would contend that though the accident is admitted but there is no material available in the evidence of the prosecution that the vehicle was driven at a high speed and in rash and negligent manner and due to such negligence of the convict petitioner, the alleged accident took place and son of the complainant i.e., P.W. 7 was hurt and injured and consequent thereto he was hospitalized. Mr. Bhattacharjee, also contended that the negligence is to be specifically proved by the prosecution for establishing its case as the negligence means breach of duty caused by omission to do something which a reasonable man guided by those considerations which ordinarily regulate conduct of human affairs would do or the doing of something which a prudent and reasonable man would not do. In the instant case, it is totally absent from the evidence of the prosecution witnesses that the convict petitioner failed to do something which was required to be done by him.