NILAMONI HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Having found the accused-Petitioner hereih guilty of the offence under Section 279, IPC in GR Case No. 687/2007, the learned Chief Judicial Magistrate, Jorhat, convicted the accused-Petitioner accordingly and sentenced him to suffer rigorous imprisonment for three months and pay fine of Rs. 1,000 and, in default of payment of fine, undergo simple imprisonment for 15 days, Aggrieved by his conviction and the sentence, passed against him, the Petitioner preferred an appeal, which gave rise to Criminal Appeal No. 18/2010. By judgment and order, dated 20.8.2010, the learned Sessions Judge, Jorhat, has, having upheld the conviction of the accused and the sentence passed against him, dismissed the appeal accordingly, Against his conviction and the sentence, passed against him, the Petitioner has impugned the same in this revision.

(2.) I have heard Mr. D. Talukdar, learned Counsel, for the accused-Petitioner, and Mr. V.S. Singh, learned Additional Public Prosecutor, Assam.

(3.) The case of the prosecution as unfolded at the trial, may, in brief, be described, thus: On 13.6.2007, at about 7.30 p.m., while the informant, Mr. A. Moatoshi Aao of Mokokchung, Nagaland, was proceeding from Dimapur towards Tuli, in his official vehicle, bearing Registration No. NL-10/3966, one TATA Mobile Vehicle, bearing Registration No. AS- 03/3044, which was coming from opposite direction, driver by the accused-Petitioner, turned, suddenly, on the right side at Malow Chariall, Jorhat. Consequently, the vehicle, driven by the informant, dashed against the vehicle of the accused-Petitioner causing thereby injuries to Ms. Thejunla, an occupant of the informant's vehicle. The informant's vehicle too was badly damaged. The informant accordingly lodged an FIR, which gave rise to Jorhat Police Station Case No. 354/2007 under Sections 279/338/427, IPC. On completion of investigation, a charge sheet was accordingly laid against the accused-Petitioner.