RUPAM BHATTA Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) Heard Ms. P. Dhar, learned counsel appearing for the petitioner as well as Mr. A. Ghosh, learned Public Prosecutor appearing for the state.

(2.) This is a petition fled under Sec. 397 read with Sec. 401 of the Cr.P.C. against the judgment dated 20.09.2013 delivered in Criminal Appeal No. 13(1) of 2013 by the Additional Sessions Judge, No. 4, West Tripura, Agartala, whereby the appeal fled by the petitioner against the judgment dated 30.01.2013 delivered in G.R. 1010 of 2006 by the Sub -Divisional Judicial Magistrate, Agartala, West Tripura has been dismissed. By the said judgment dated 20.09.2013, the conviction and punishment under Ss. 337 and 338 of the IPC were interfered with and set aside. But the conviction under Sec. 304 -A read with Sec. 279 of the IPC has been sustained. For that reason, the petitioner has challenged the legality of the said judgment dated 20.09.2013.

(3.) The prosecution's case in short is that on 05.10.2006 the complainant (PW -1) boarded the vehicle bearing the registration No. TR03 -3878 from Sekerkote to reach Arundhuti Nagar, N.T.F. Camp at about 10.05 a.m. When the said vehicle reached at Surjyamaninagar Kachari, allegedly being driven rashly and negligently and with high speed, the driver of the said vehicle lost his control and the vehicle got capsized and rolled from the road down into a pond causing severe and fatal injuries to several passengers including PW -1. The injured persons were immediately shifted to the hospital. One Nitai Debnath succumbed to his injuries.