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2005 Supreme(Gau) 580

TINLIANTHANG VAIPHEI
Babul Chakraborty – Appellant
Versus
State of Tripura – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: A.C. Bhowmik, Adv.
For Respondents/Defendant: A. Ghosh, P.P. In-charge

ORDER

T. Vaiphei, J.

1. The correctness of the judgment dated 6-3-1999 passed by the Ld. Add). Sessions Judge, Belonia, South Tripura in Crl. Appeal No. 6(1) of 1999 upholding the order of conviction and sentence passed by the Ld. Sub-Divisional Judicial Magistrate, Belonia in G.R. No. 49 of 1997 is in question in this revision petition.

2. The material facts leading to the filing of this revision petition may be noted first. On 5-3-1997 at about 9 p.m. the informant, Jubaraj Das and some others belonging to Laogang village had hired a Jeep bearing No. TRT-1557 for going to their village. When the Jeep was about to reach Laogang village market, it fell down on the roadside stream, which resulted in causing injuries to the informant and other passengers. However, one of the passengers, namely, Subhashi Das, fell under the pressure of the vehicle in the accident, was severely injured and succumbed to her injuries on reaching Santirbazar Hospital.

3. It would appear that on the basis of the FIR lodged by the informant, Santirbazar Police Station Case No. 15 of 1997 under Sections 279/338 & 304-A, IPC was registered. After investigation, the police submitted a charge-sheet against the peti











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