NAYAN DAIMARI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Sahu, learned counsel for the petitioner accused and Mr. R.J. Boruah, learned Addl. Public Prosecutor appearing for the State/respondent.

(2.) This criminal revision under Section 397 read with Section 401 Cr.P.C. is preferred against the judgment and order, dated 25.02.2011, passed by the learned Addl. Sessions Judge, F.T.C., Sonitpur at Tezpur in Crl. Appeal No. 42 (S-4) 2007 affirming the judgment and order of conviction and sentence under Sections 279/338/304A of the IPC passed by the leanred Chief Judicial Magisrate, Sonitpur at Tezpur in G.R. Case No. 689/1995 against the petitioner accused.

(3.) The prosecution case as unfolded in the F.I.R. is that on 12.05.1995 at about 12.30 noon, while one Sanjib Kumar Bora was coming by a 407 mini bus, bearing registration No. AS 12-3520 to appear in an examination, the said mini bus dashed against a roadside lamp post near the gate of Mission Hospital, Tezpur due to rash and negligent driving. As a result, some of the passengers including said Sanjib Kumar Bora sustained grievous injuries and among those injured, one Kamal Bora succumbed to his injuries. All the injured persons were immediately moved to the Kanaklata Civil Hospital, Tezpur for treatment.