BIJAYANTA PAUL Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS Criminal Revision Petition is directed against the judgment and order dated 14.2.2003 passed by the learned Ad-hoc Additional Sessions Judge, Karimganj in Criminal Appeal No.26(4) of 2001 dismissing the appeal and upholding the conviction and sentence of the accused petitioner under Sections 304-A/279 IPC and sentencing him to suffer rigorous imprisonment for six (6) months and to pay fine of Rs.1,000/- under Section 304-A IPC and to pay fine of Rs.1,000/-, in default, to suffer simple imprisonment for 30 days under Section 279 IPC.

(2.) THE prosecution case, in brief, is that on 16.1.1996 at about 8.55 P.M., one Auto-Rickshaw with Registration No.AS-10-1633, which was driven by the accused petitioner in a rash and negligent manner, knocked down one Md. Mubarak Ali, who was aged about 70 years, on the National Highway-44, causing grevious injuries to him. Md. Mubarak Ali was taken to the Civil Hospital, Karimganj, where he succumbed to his injuries. With the aforesaid allegation, an FIR was lodged by one Ashis Kumar Dey, Sub-Inspector of Police under Badarpur Police Station and accordingly, Badarpur Police Station Case No.10/96 under Section 279/304-A IPC was registered.

(3.) I have heard Mr. B.M. Choudhury, learned counsel appearing for the petitioner and Mr. B.B. Gogoi, learned Addl. Public Prosecutor, Assam.