RIAJUDDIN AHMED @ RIAJUDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant revision petition is filed by the accused-convict-petitioner Md. Riajuddin Ahmed challenging the judgment and order dated 27.08.2004 passed by the learned Sessions Judge, Tinsukia in Criminal Appeal No. 20(2)/2004 upholding the judgment and order dated 30.03.2004 passed by the learned Chief Judicial Magistrate, Tinsukia in GR Case No. 776/1999 whereby and when re-under the accused-convict-petitioner was convicted under Section 304A IPC and modified the sentence of SI for six months imposed by the trial court to the extent of SI for three months. Heard Mr. K Agarwal, learned counsel for the accused-convict-petitioner as well as Mr. K Munir, learned Addl. PP for the State of Assam.

(2.) The prosecution case in short is as follows:-

(3.) On receipt of the first information report lodged by PW6, a police case being Doom Dooma PS Case No. 224/99 under Section 304/ 34 IPC was registered and accordingly the said case was investigated and finally the investigating authority submitted the charge sheet under Sections 304/ 34 IPC against both the owners of the garage, namely Doodh Nath Sarma and Md. Riajuddin, the present accused-convict-petitioner. The case being triable by the Sessions Court, the same was committed to the court of the learned Sessions Judge, Tinsukia. Learned Sessions Court, on examination of the records came to the conclusion that no case was made out under Sections 304/ 34 IPC against the accused persons. Rather, a case under Section 304A IPC is made out for trial and accordingly the said case was transferred to the court of learned Chief Judicial Magistrate, Tinsukia for trial. During pendency of the trial one of the accused, namely, Doodh Nath Sarma became absconder and the case was taken up for trial of the present accused-convict-petitioner.