BABUL DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS Criminal Revision is directed against the Judgment dated 12.04.2010 passed by learned Sessions Judge, Belonia, South Tripura in Criminal Appeal No. 05 of 2010 whereby he dismissed the appeal filed by the present petitioner and upheld the Judgment of the learned Sub -Divisional Judicial Magistrate, Belonia, South Tripura dated 10.02.2010 convicting the appellant for having committed an offence punishable under Section 304(A) IPC and sentencing him to suffer rigorous imprisonment for 1(one) year and to pay fine of Rs. 5,000/ - and in default of payment of fine to suffer further rigorous imprisonment for 3 (three) months.

(2.) NORMALLY , this Court in exercise of its revisional jurisdiction is very reluctant to interfere in pure findings of fact. However, when those findings of fact are based on no evidence or total misreading of evidence then this Court would be abdicating its judicial functions if it did not interfere in the matter.

(3.) THE accused was charged with having committed offences punishable under Section 279 and 304(A) IPC. The learned trial Court after discussing the evidence came to the conclusion that the prosecution had failed to prove that the accused had committed an offence punishable under Section 279 of the IPC because the accident did not occur on a public way. However, it held the accused guilty of having committed an offence punishable under Section 304(A) IPC.