BHAGADATTA BORO Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The petitioner has approached this Court with this criminal revision petition being aggrieved by the judgment dtd. 18/7/2022 passed in Criminal Appeal No. 1 of 2022 whereby the order dtd. 29/6/2022 passed by the learned Judicial Magistrate First Class (JMFC) in GR Case No. 35 of 2021 wherein the petitioner as an accused therein was convicted and sentenced to undergo six months simple imprisonment with fine of Rs.1000.00 (rupees one thousand) only on default thereof to undergo another one month simple imprisonment was upheld by the learned Additional Deputy Commissioner (Judicial), West Khasi Hills District, Nongstoin.

(2.) The brief fact of the case is that on 3/4/2019 an FIR was lodged by one Shri. A. Mawsor of Umdang village under Shallang Police Station informing the Officer In-Charge, Shallang Police Station, West Khasi Hills District of a motor vehicle accident involving two vehicles bearing registration No. AS 01 CC-4992 and AS 01 CC-3027 in which his minor daughter was involved in the said accident causing her death as a result of the same. It is prayed that necessary action be taken against the drivers of the said offending vehicles.

(3.) The FIR was registered as Shallang PS Case No. 5(4) 2019 under Sec. 279/304 A IPC. On investigation being completed, the charge sheet was filed by the Investigating Officer who has found that a prima facie case is well established against the accused person Shri Bhagadatta Boro, the petitioner herein and he was directed to stand trial in the said case which was registered as GR Case No. 35 of 2021 taken up by the learned Judicial Magistrate First Class (JMFC), Nongstoin.