Pradip Saha vs State Of Tripura

Heard Mr. A Acharjee, learned counsel appearing for the petitioner as well as Mr. S Debnath, learned Addl. PP appearing for the State.

This revisional petition emerges from the judgment and order dated 28.04.2016 delivered in Crl. Appeal No. 02 of 2016 by the Sessions Judge, South Tripura, Belonia. By the said judgment dated 28.04.2016, the finding of conviction and the order of sentence dated 07.12.2015 delivered in case No. PRC 135 of 2012 returned by the Judicial Magistrate 1st Class, South Tripura, Belonia have been upheld.

By the said judgment and order dated 07.12.2015, the petitioner was convicted for committing offence punishable under Section 279/337 read with Section 304-A of the IPC and sentenced to suffer rigorous imprisonment for three months under Sections 279/337 of the IPC. That apart, the petitioner has been sentenced to suffer imprisonment for 1(one) year with fine of Rs.6000/- with default stipulation for committing offence punishable under Section 304-A of the IPC.

The genesis of the prosecution is rooted in the complaint lodged by one Lila Chandra Reang (PW-1) on 07.04.2012 at 09.20 hours to the Officer In-charge, Santir Bazar Police Station, narrating that on 05.04.2012 Fundulati Reang, Bashirung Reang, Chinirung Reang and Sidrung Reang were travelling to Takma Bazar Panchayat on foot along the Manu-Takma pucca road to collect wages of REGA works. On the way they were taking rest under the shade of a tree which was in the down gradient of acclivity.

At that time one auto-rickshaw bearing No. TR-03-3597, "which was being driven by Dilip Biswas" was approaching towards Takmachherra from Manu end. While climbing up the acclivity, suddenly it started rolling backward and the driver could not stop its backward slide and finally, the auto-rickshaw ran over those three persons and the auto-rickshaw got in the course overturned and fell on them. The local people rushed there and took those persons out from beneath the auto-rickshaw.

One of the persons namely, Chini Reang, was critically ill and succumbed to the injuries. Such information was however given by the informant on 01.05.2012 to the police. Based on those information Santir Baza, PS Case No. 32/2012 was registered under Section 279/338/304-A of the IPC and taken up for investigation.

Having completed the investigation, the final report was filed sending the petitioner up to face the trial as according to the investigator the prima facie case against him was convincingly established.

The statement of accusation was formed and read out [under Section 251 of the Cr.P.C] and the petitioner denied his involvement in the said accident. To establish the accusation the prosecution adduced as many as 12 witnesses including the informant and the purported owner of the vehicle, namely, Dilip Biswas (PW-5).

There is no dispute that Chini Reang died out of that accident and that has been proved by the prosecution by the testimony of Dr. Govinda Reang, (PW-10) who carried out the autopsy. One of the injured person namely Sidrung Reang (PW-8) was also examined in the trial. PW-8 could not identify the person who was driving in the vehicle and she did not make any statement in the trial about the person who was driving the vehicle.

Mr. Acharjee, learned counsel has, at this juncture, submitted that only PW-1 and PW-5 made some attempt during their examination to identify the driver of the vehicle.

Mr. Debnath, learned Addl. PP has also fairly submitted that except those two witnesses, other witnesses did not state anything about the fact who was driving the vehicle at the relevant point of accident.

PW-1 has stated nothing about the person who was driving the vehicle in the examination-in-chief. He has testified that he heard from the local people that one Dilip Biswas is the owner of the vehicle. But in the cross-examination he has categorically stated that in the ejahar he had mentioned that Dilip Biswas drove the auto-rickshaw at the time of accident.

In the same breath, in the cross-examination he has stated that "I cannot say who drove the vehicle at the time of accident." As such he has destroyed his trustworthiness as the truthful witness.

PW-2 Biswajit Das, PW-3 Sunil Debnath, PW-4 Subhrajit Das, PW-5 Dilip Biswas, PW-6 Hemal Chandra Reang [the brother of Chini Reang], PW-7 Dhanuram Reang, PW-8 Sidhurung Reang, PW-9 Rashirung Reang, PW-10 Dr. Gobinda Reang, PW-11 ASI Santi Ranjan Debnath [who carried out inquest report] and PW-12 Sadhan Majumder who conducted the investigation did not make any statement in respect of who had been driving the vehicle at the time of accident.

PW-5, the owner of the vehicle has stated as follows:

"In the month of April my auto-rickshaw bearing No. TR-03-3597 met with an accident at Takma and Pradip Saha was my appointed driver. Pradip Saha is present today."

He did not make any positive statement that on the day of accident, Pradip Saha was driving the vehicle. It is apparent on the face of his testimony that he is evasive.

Having appreciated the submission of the counsel for the parties and after scrutinizing the records, this court is of the view that the prosecution has miserably failed to prove that at the relevant time of accident in which Chini Reang died and two other received critical injuries, the petitioner was driving the vehicle and for his rash and negligent driving the said accident took place.

In view of what has been observed, this petition is allowed. The petitioner is acquitted from the accusation.

As Mr. Acharjee, learned counsel appearing for the petitioner has submitted that the petitioner is on bail, the sureties are discharged from their respective liability.