Excerpt
The High Court of Agartala rejected an instant appeal filed by the Petitioner challenging the Judgment on a Criminal Appeal delivered by the Extra Sessions Judge. The Petitioner got convicted of several offences which included causing grievous hurt by an act of endangering life or personal liberty, rash driving or riding on a public way and causing death by negligence.
Facts of the Case
Sri Rakhal Ch. Das filed an FIR, stating that an accident had taken place between two bikes. The informant further explained that the motorbike of Amar Deb collided with the motorbike of Biswanit Ghosh which came in the opposite direction. Both the drivers got injured and were admitted to the nearest hospital. On 5.1.2016 injured driver, Amal Ch. Deb succumbed to his injuries in AGMC and G.B.P Hospital at Agartala. The informant also stated that the accident took place due to carelessness. On further investigation and evidence produced the More Sessions Judge convicted the present Petitioner. The Accused pleaded innocence and claimed that the charges were foisted on him.
Arguments made on behalf of the Petitioner
Learned counsel on behalf of the Petitioner stated that by a statement produced by Rakhal Ch. Das both the parties involved in the accident got charged but since the accused victim passed away, the charge shifted on the Petitioner alone. Furthermore, there is no evidence to prove the statements given by the two witnesses. Hence the Petitioner cannot be held guilty of rash and negligent driving.
Arguments made on behalf of the Respondent
Mr S. Ghosh learned Additional Public Prosecutor claimed to have no reason for interference with the decisions and finding of the previous court. All the facts involved were appreciated by the Session’s Judge before convicting the Petitioner. Furthermore, stated that the evidence produced is concurrent with the allegations to prove the rash and negligent act of the petitioner.
Court’s Observation
The Court examined statements produced by different public witnesses. Most of the witnesses produced were present at the place only after the accident took place. Hence, there is no solid statement stating exactly who was at fault. But, a witness was travelling on the bike of deceased Amar Ch. Deb at the time of occurrence. He stated that accused Biswajit Ghosh was responsible for the accident because he was driving his vehicle at excessive speed. Furthermore, the Court remarked its decision by stating the ratio of few previous Judgments of similar cases. The officer in charge of the investigation did not find any new evidence. To discover the width of the street, its position, the thickness of the traffic at the material spot. And the specific area of the vehicle and those of the observers at that point of the mishap.
The Decision of the Court
The Hon’ble Court held in the given Criminal Revision Petition that the prosecution has failed to establish the charges of rash and negligent driving against the Petitioner. Hence dismissed this revision petition and held the previous Court’s decision upright.
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