UTPAL CHANDRA BHUYAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision under Section 401/397 read with Section 482 of the Criminal Procedure Code has been filed challenging the order dated 26.08.2005 passed by the learned Sessions Judge, Tinsukia in Crl. Revision No. 31 (2) 2005 dismissing the revision petition preferred by the petitioner No. 1 against the order dated 09.06.2005 passed by the learned Chief Judicial Magistrate, Tinsukia in G.R.Case No. 606/98 taking cognizance of offence under Section 304(A)/34 IPC.

(2.) Brief resume of essential facts necessary for disposal of this case: on the basis of an FIR lodged by one Shri Joinul Haque Borbhuyan, Sub Inspector of Police, Tinsukia Police Station on 26/04/98 Tinsukia P.S. Case No. 244/98 under Section 304(A)/34 IPC was registered. Prosecution case, inter alia, is that one Pumima Tanti was admitted in the Gynecology Department of the Tinsukia Civil Hospital on 13/06/98 for delivery, but she expired in the next morning of 14/06/98 due to negligence of the doctors and nurses on duty. On completion of investigation, police submitted final report No. 291 dated 26/12/2002. The evidence so collected by the police during investigation is stated to be insufficient against the accused petitioners. On perusal of the Final Report, the learned Chief Judicial Magistrate not being satisfied with the Report, recorded statement of the then Superintendent of the Civil Hospital on 07/06/2005 under Section 202 Cr. P.C. On perusal of the materials on record, the learned Chief Judicial Magistrate took cognizance of offence under Section 304(A)/34 IPC against the accused petitioner and issued necessary process against the petitioners vide order dated 09/06/05 The aforesaid order dated 09/06/05 was challenged before the learned Sessions Judge, Tinsukia by filling Criminal Revision No. 31(2) 2005. The learned Sessions Judge after hearing the parties, dismissed the revision petition vide judgment dated 26.08.2005. Challenging the said order, the present petition has been filed by the accused petitioners for quashing of the prosecution case.

(3.) I have heard Mr. J.M. Choudhury, learned Senior Counsel assisted by Mr. B. M. Choudhury for the petitioner and also heard Mr. R. K. Bora, learned Additional Public Prosecutor, Assam.