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IN THE HIGH COURT OF TRIPURA AT AGARTALA
S.G. Chattopadhyay, J.
Biswajit Ghosh - Appellants
Vs.
The State of Tripura - Respondent
Crl. Rev. P. No. 21/2019
Decided On : 07-04-2021
Rash and Negligent Driving - Criminal Revision - IPC 279, 338, 304A, M.V. Act 184 - The court acquitted the accused of the charges of rash and negligent driving based on insufficient evidence and lack of investigation into the circumstances of the accident.
Fact of the Case:
The case involved a collision between two motorbikes resulting in serious injuries and a fatality. The accused was charged under IPC sections 279, 338, 304A, and M.V. Act section 184.
Finding of the Court:
The court found that the prosecution failed to establish the charges of rash and negligent driving against the accused due to insufficient, convincing, and reliable evidence.
Issues: The main issue was whether the accused could be held guilty of rash and negligent driving based on the evidence presented.
Ratio Decidendi: The court emphasized that high speed alone is not conclusive evidence of rash and negligent driving, and highlighted the need for a complete investigation into the circumstances of the accident.
Final Decision: The criminal revision petition was allowed, and the accused was acquitted of the charges. The bail bond was discharged, and pending applications were disposed of.
JUDGMENT :
S.G. Chattopadhyay, J.
1. Petitioner has filed this criminal revision petition challenging the judgment dated 20.12.2018 delivered in Criminal Appeal No. 3 of 2018 by the Additional Sessions Judge, Dhalai Judicial District, Kamalpur affirming the conviction and sentence of the petitioner awarded by the Judicial Magistrate, First Class, Kamalpur by judgment and order dated 09.01.2018 in PRC (WP) 30/2016 whereby the trial Court imposed sentence on the petitioner as under:
| SECTION | SENTENCE | FINE | DEFAULT SENTENCE |
| 279 IPC | -- | Rs. 1000/- | -- |
| 338 IPC | R.I. for 2 (two) months | Rs. 1000/- | S.I. for 10(ten) days. |
| 304A IPC | R.I. for 2 (two) months | Rs. 2000/- | S.I. for 15(fifteen) days. |
| 184 M.V. Act | -- | Rs. 1000/- | S.I. for 10(ten) days. |
2. Genesis of the prosecution case is rooted in the FIR which was lodged by Sri Rakhal Ch. Das (PW-1) at around 6.55 pm on 04.01.2016 at Kamalpur police station alleging, inter alia, that at about 3.25 pm on the day a face to face collision took place between two motor bikes on Kamalpur - Ambasa road near the office of Kalachari Gram Panchayat. According to the informant, the motor bike carrying registration No. TR-04-7499 driven by Amar Deb on its way from Manik Bhander to Kamalpur collided with the motor bike carrying registration No. TR-04A-6726 driven by Biswanit Ghosh which was coming from the opposite direction. As a result of such collision between the motor bikes, drivers of both the motor bikes got seriously injured. They were immediately taken to Kamalpur district hospital by the local people. It was alleged by the informant that the accident occurred as a result of careless driving of the said motor bikes.
3. Based on his FIR, Kamalpur PS Case No. 2015 KMP001 dated 04.01.2016 under Sections 279 and 338 IPC and Section 184 Motor Vehicles Act, 1988 was registered against the drivers of the said motor bikes and the investigation of the case was taken up by police.
4. On 5.1.2016 injured driver Amal Ch. Deb succumbed to his injuries in AGMC and G.B.P. Hospital at Agartala. With the approval of the Court vide order dated 08.01.2016 of the Sub Divisional Judicial Magistrate, Kamalpur, the Investigating Officer added Section 304A IPC to the case for the purpose of investigation. During investigation, the I.O. visited the crime scene and he had drawn up a sketch map of the crime scene indicating the material locations therein. Thereafter the material witnesses acquainted with the facts of the case were examined by him and their statements were recorded under Section 161 Cr.P.C. Injury reports of the victims and post mortem examination report of the deceased driver were collected and on the basis of such investigation Charge Sheet No. 22 of 2016 dated 5.4.2016 was submitted against accused Biswahit Ghosh for having committed offence punishable under Sections 279, 338, 304-Part II IPC and Sections 183, 184 and 190 of the Motor Vehicles Act, 1988.
5. The Sub-Divisional Judicial Magistrate, Kamalpur having received the charge sheet made over the case to the Court of Judicial of the First Class at Kamalpur vide his order dated 19.04.2016.
6. The trial Court viewed that the basic ingredients of Section 304 Part-II IPC were not satisfied in the case and therefore, vide his order dated 04.05.2016, the learned Judicial Magistrate, First Class took cognizance of offence punishable under Sections 279, 338 and 304A IPC and Sections 183, 184 and 190(2) of the Motor Vehicles Act, 1988.
7. At the commencement of trial the substance of accusation in terms of Section 251, Cr.P.C. was stated to the accused petitione
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