BEDA KANTA PHUKAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision petition is directed against the judgment and order of the learned Sessions Judge, Sibsagar in Criminal Appeal No. 33(2)l 85. By the said judgment the learned Sessions Judge dismissed the appeal and affirmed the conviction of learned Additional Chief Judicial Magistrate in G.R. Case No. 614 of 1978 by which the accused petitioner was convicted under Section 304 A/279, I.P.C. and sentenced him to R.I. for two months under Section 304A, I.P.C. and 15 days R.I. under Section 279 I.P.C.

(2.) The prosecution case is that on 2-4-78 the accused was driving fiat car No. ASE 2972 on Namati Nazira Road and knocked down one Naranath Borgohail at about 12 noon. Prosecution has alleged that the accused was driving the car rashly and negligently. Subsequently the injured died. As many as 6 witnesses were examined on behalf of the prosecution.

(3.) The plea of the defence was total denial and two witnesses, namely, D.Ws. 1 and 2 were examined. It may be stated that these two witnesses were examined by the Investigating Officer and shown as witnesses in the charge- sheet and for the reasons best known to the prosecution these two witnesses were not examined.