The court affirmed the conviction for negligent driving resulting in death, establishing that the accused's recklessness was the primary cause of the victim's fatal injuries.

1. This criminal revision petition, filed under S.397 read with S.401 of the Code of Criminal Procedure 1973 (Cr. P.C herein), has been directed against the judgment and order dated 13.12.2016 passed by the learned Sessions Judge of North Tripura judicial district, Crl. Rev. P No.1/2017. Dharmanagar in Criminal Appeal No.0000009 of 2016 whereby the learned Sessions Judge affirmed the judgment and order of conviction and sentence dated 02.05.2016 passed by the learned Chief Judicial Magistrate, North Tripura in case No. PRC 266 of 2013 convicting the accused petitioner under S.279 and S.304A IPC and sentencing him to suffer S.I for 6(six) months and fine of Rs.1000/- with default stipulation for offence punishable under S.279 and SI for 1(one) year and fine of Rs.2000/- with default stipulation for offence punishable under S.304A directing that the sentences would run concurrently.

2. The brief facts which led to the filing of this petition are that Sri Ananta Acharjee, son of Late Amaresh Acharjee of Kadamtala, Dharmanagar lodged a written complaint with the Officer - in - Charge of Kadamtala police station on 20.05.2013 at 3.35 pm alleging, inter alia, that on 17.5.2013 at about 12 noon when his father Amaresh Acharjee was returning home, the speeding vehicle of the accused petitioner bearing registration No. TR - 02A - 2589 hit him from behind as a result of which his father received serious injuries and collapsed on the road. He was immediately taken to the nearby health centre at Kadamtala wherefrom he was first referred to Dharmanagar hospital and from there, he was taken to Kailashahar district hospital and ultimately to Silchar Medical College and Hospital. After his treatment in Silchar Medical College and Hospital he was brought back home where he succumbed to his injuries on 20.05.2013 at 12 noon.

3. Based on this FIR, Kadamtala PS case No. 41 of 2013 under S.279 and S.304 - A, IPC was registered and the investigation of the case was taken up.

4. Sri Padma Sen Chakma, Sub-Inspector of Police of Kadamtala police station was entrusted with the investigation of the case and Sri Chakma having completed the investigation submitted challan No.42 of 2013 dated 22/7/2013 against the accused under S.279 and S.304A IPC . The learned Chief Judicial Magistrate received the charge sheet, took cognigence of offence and summoned the bailed out accused to appear before the Court. When the accused appeared, the substance of acquisition in terms of S.251, Cr. P.C was explained to the accused. The accused pleaded not guilty and claimed a trial.

5. During trial as many as 12 witnesses were examined and seven documents (Exhibit - 1 to Exhibit - 7) were taken into evidence on behalf of the prosecution. At the closer of the prosecution evidence, the incriminating circumstances appearing against the accused were explained to him. In reply, the accused petitioner pleaded innocence and claimed that the charges were foisted on him. Thereafter the learned trial Court on appreciation of evidence held that the accused petitioner drove his vehicle on public road recklessly and as a result of his rash driving, father of the first informant lost his life. The learned trial Judge having relied on the decision of the Apex Court in M.S. Grewal and another v. Deep Chand Sood and others : reported in (2001) 8 SCC 151 : (AIR 2001 SC 3660) and the decision in Dalvir Singh v. State of Haryana and others, reported in AIR 2000 SC 1677 held the accused petitioner guilty and sentenced him to suffer S.I for 6(six) months and fine of Rs.1000/- with defau