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HIGH COURT OF TRIPURA

AGARTALA

Crl.Rev.P.No. 68 of 2019

Sri Anup Paul Son Sri Narayan Chandra Paul Resident of village-

Kalinagar, PO and PS Belonia, District-South Tripura, Pin-799155

-----Petitioner(s)

Versus

The State Of Tripura Represented by PP, High Court of Tripura,

Agartala.

-----Respondent(s)

B E F O R E

HON’BLE MR. JUSTICE S.G. CHATTOPADHYAY

For Petitioner(s)

: Mr. P.K.Ghosh, Adv.

For Respondent(s) : Mr. Ratan Datta, PP.

Judgment and Order(oral)

24.11.2021

[1]

By means of filing this Criminal Revision Petition,

petitioner has challenged the judgment dated 13.08.2019 passed by

the Sessions Judge, South Tripura, Belonia affirming the conviction

and sentence of the petitioner under Sections 279 and 338 IPC

awarded by the Judicial Magistrate First class, Belonia, South

Tripura

by

judgment

dated

31.07.2017

passed

in

case

No.PRC(SP)36 of 2016 whereby the petitioner was sentenced to SI

for 2 months for committing offence punishable under Sections 279

IPC and SI for 3 months for committing offence punishable under

Sections 338 IPC.

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[2]

Aggrieved petitioner has challenged the impugned

judgment by filing this criminal revision petition on several

grounds.

[3]

The factual background of the case is as under:

Smt.Maya Deb(Sarkar), wife of Mounabrata Sarkar of

Madhyapara, Belonia lodged an FIR with the Officer-in-Charge of

Belonia police station on 03.01.2016 alleging that at about 11

O’clock in the night on 31.12.20215 a speeding vehicle bearing

registration No.TR 08 0280 hit her husband when he was speaking

on his cell phone after parking his motor bike bearing registration

No.TR 03 B 4922 on the left side of the road in front of a shop near

the police station. The informant wife of the injured further alleged

in her FIR that the offending vehicle was being driven so rashly and

negligently that when it hit her husband, he received fatal injuries

and immediately he was shifted to Belonia hospital in a critical

condition by a fire-service vehicle. From there he was referred to

GBP and AGMC hospital at Agartala. As a result of the accident,

bone of the left leg of her husband got fractured. She claimed

police investigation and prosecution of the accused.

[4]

Based on her FIR, Belonia P.S. Case No. 2016/BLN/

001 under Sections 279&338 IPC and Section 187 MV Act was

registered and the investigation of case was taken up by Sadhan

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Majumder, SI of Police of Belonia Police Station [PW-15]. During

investigation, the IO visited the crime scene and examined the

material witnesses of the case and recorded their police statements

under Section 161 Cr.P.C. He had also drawn up hand sketch map

[Exbt.7] of the crime scene along with a separate index [Exbt.8].

This apart, he seized the offending vehicle along with the

documents of the vehicle and got the vehicle examined by a Motor

Vehicles Inspector [PW-16] two weeks after the occurrence. The

Motor Vehicles Inspector [PW-16] opined that there was no

mechanical disorder in the vehicle when the accident occurred. The

IO thereafter, collected the injury report of the victim in which the

doctor opined that the injury was grievous in nature and caused by

high velocity trauma.

[5]

On the basis of such materials collected during the

investigation, the IO laid charge-sheet against the accused for

having committed offence punishable under Sections 279 and 338

IPC and Section 187 MV Act.

[6]

The jurisdictional Chief Judicial Magistrate had taken

cognizance of offence on the basis of the prima facie incriminating

materials which were placed before the court and explained to the

accused the accusation brought against him in terms of Section 251

Cr.P.C. Accused pleaded not guilty and claimed trial.

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[7]

In the course of trial, prosecution examined as many as

16