HABIB ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision is directed against the judgment and order, dated 31.07.2004, passed, in Criminal Appeal No.11(1)/2004, by the learned Additional Sessions Judge, FTC, Karimganj, whereby the learned appellate Court, while sustaining the conviction of the accusedpetitioner, under Section 304A IPC, passed, in GR Case No.271/2000, by the learned Chief Judicial Magistrate, Karimganj, by his judgment and order, dated 25.02.2004, reduced the sentence of rigorous imprisonment for a term of one year to a term of six months.

(2.) I have heard Mr. A. Alam, learned counsel, for the accusedpetitioner, and Mr. K.A. Mazumdar, learned Additional Public Prosecutor, Assam.

(3.) The case of the prosecution, may, in brief, be described thus: On 25.03.2000, at about 10 am, a bus, bearing registration No.AMT/792, which the petitioner was driving, capsized and fell into a pond full of water near a place called Balia Tri-junction. As a result of the accident, many of the passengers were injured and one of them, namely, Mustt. Mariam Begum, died. On receiving, in this regard, a telephonic message, on 25.03.2000, at Nilambazar Police Outpost, G.D. Entry No.470, dated 25.03.2000, was made and PW8, a SubInspector of Police, rushed to the place of occurrence and, on arriving there, found that most of the injured passengers had been already taken to Nilambazar Primary Health Center. The police, then, sent the remaining injured to the said Primary Health Centre, seized the vehicle and also the documents connected therewith. PW8 also drew a sketchmap of the place of occurrence, recorded statements of witnesses and lodged an Ejahar at Karimganj Police Station, which is Ext.5. Treating the said Ejahar as First Information Report, a case, under Sections 279/338/427/304A IPC, was registered against the driver of the said bus and, on completion of investigation, a charge-sheet was accordingly laid against the accused-petitioner.