MUNINDRA GAZAMER Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision petition is directed against the Judgment and Order dated 5.1.2000 passed by the learned Sessions Judge, Sibsagar in Crl. Appeal No. 8(3) of 1997 affirming the judgment of conviction and sentence dated 7.7.1997 passed by the learned Chief Judicial Magistrate, Sibsagar in GR Case No. 245/95 convicting the petitioner under Sec. 279/304A of the IPC and sentencing him to suffer simple imprisonment for one month under Sec. 279 of the IPC and simple imprisonment for 6 months under Sec. 304A of the IPC.

(2.) The prosecution case, in brief, is that on 12.3.1995 when the informant's elder brother Rupeswar Baruati was coming from Sibsagar side on a bicycle on National High Way No. 37, one Maruti car bearing Registration No. AMB 8348 driven by the present revision petitioner hit him near Baruati Gaon, as a result of which Rupeswar fell down on the road and sustained grievous injuries on his head as well as different parts of the body. Though the injured was admitted to the Sibsagar Civil Hospital and was also treated in Assam Medical College Hospital in Dibrugarh, he succumbed to his injuries in Assam Medical College, Dibrugarh. The first informant Smti. Chenimai Baruoti on 13.3.1995 lodged the first information report to that effect in Gaurisagar Police Station and the Police upon completion of the investigation submitted a charge sheet against the present revision petitioner under Sec. 279/304A of the IPC. The learned trial court thereafter explained the charge, to which the petitioner pleaded not guilty and demanded trial. The learned trial Magistrate on the basis of the evidence on record, both oral and documentary, vide judgment dated 7.7.1997 convicted the petitioner under Sec. 279/304A of the IPC and sentenced him as aforementioned. Being aggrieved the revision petitioner filed Crl Appeal No. 8(3)797 before the learned Sessions Judge and the same was also dismissed vide judgment and order dated 5.1.2000 affirming the Judgment of conviction and sentence imposed by the learned trial Magistrate. Hence the present Revision petition before this Court.

(3.) I have heard Mr. G.N. Sahewalla, learned senior counsel for the petitioner and Mr. B. Singh, learned P.P. Assam.