U. B. SAHA, J. - (1.) THE instant revision petition is directed against the judgment dated 12.01.2005 passed by the learned Sessions Judge, West Tripura, Agartala in Criminal Appeal 22(2) of 2004 whereby and whereunder the learned Sessions Judge dismissed the appeal preferred by the petitioner and affirmed the judgment dated 25.03.2004 passed by the learned Additional Chief Judicial Magistrate, West Tripura, Agartala in G.R. Case No. 312/2002, whereby the petitioner was convicted under Sections 279, 337 and 304A of the Indian Penal Code (for short 'IPC') and sentenced to suffer R.I for two years for commission of offence under Section 304A of the IPC with a fine of Rs.2,000/ -, in default of payment of fine to suffer further R.I. for a period of one month. No order of sentence has been passed for commission of offence under Sections 279 and 337 of the IPC in view of Section 71 of the IPC.
(2.) HEARD Mr. S. Bhattacharji, learned Amicus Curiae appearing for the petitioner as well as Mr. R. C. Debnath, learned Additional public prosecutor appearing for the respondent. The prosecution case, in brief, is that on 03.05.2002 at 1400 hours one Mintu Bhowmik (PW5) lodged a complaint orally with the Sub -Inspector of police, Sri Sanjoy Biswas, Officer -incharge of the Bishalgarh police station while he was at Bishalgarh hospital. The said oral complaint was reduced into writing by the aforesaid Sub -Inspector and forwarded to the Bishalgarh police station which was subsequently registered as Bishalgarh P.S. Case No. 33/2002. It was alleged in the complaint by the PW5, informant/complainant, that on 03.05.2002 at about 1400 hours deceased Sukumar Choudhury, S/O. of Late Umesh Choudhury along with 10/12 other passengers of his locality of Purathal were returning home by Commander Jeep bearing No. TR -01 -3056 and when the said Commander Jeep was reaching near the rice mill of Brajendra Giri at Ababinda Nagar on the Bishalgarh Kamthana road, the driver of the Jeep while giving way to another vehicle coming from the opposite direction, lost his control over the vehicle and it fell down into a ditch (Khud) on the southern side of the road. As a result of the said accident, Sukumar Choudhury died on the spot and about 7/8 more passengers sustained grievous injuries, who were shifted to G. B. Hospital for their treatment. The accident had occurred due to carelessness driving of the driver of the aforesaid vehicle.
(3.) THE investigating authority after proper investigation submitted the charge sheet against the accused -petitioner, Md. Bachhu Miah, under Sections 279/337/304A of the IPC and sent the case record to the Court of the learned Chief Judicial Magistrate, West Tripura, Agartala for prosecution of the accusedpetitioner. The learned Chief Judicial Magistrate transferred the case to the Court of learned Addl. Chief Judicial Magistrate, West Tripura, Agartala (hereinafter referred to as 'trial Court') for trial. The trial of the accused -petitioner was commenced on 29.05.2003. The accused -petitioner was examined under Section 251 of Cr.P.C. on the accusation as the same was attracted to 279/337/304A of the IPC and the accused -petitioner pleaded not guilty and claimed to be tried. In order to prove the case, the prosecution examined as many as 11 witnesses including the Medical Officer (PW8) as well as the Investigating Officer (PW11). At the closure of the evidence of the prosecution, the accusedpetitioner was examined under Section 313 of Cr.P.C. He denied the allegations brought against him and also declined to adduce any witness in support of his defence.;