SIRAJ ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D. A. Kaiyum, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, for the State respondent.

(2.) This is an application filed under Sec. 401 read with Sec. 397 of the CrPC against the judgment dtd. 30/5/2015, passed by the learned Sessions Judge, Kamrup, Amingaon in Criminal Appeal No. 01/2015 upholding and confirming the judgment and order dtd. 10/12/2014, passed by the learned Additional CJM, Kamrup in G.R. Case No. 1332/2014 arising out of Palashbari P.S. Case No. 89/2011, whereby the accused petitioner was convicted under Sec. 279/304(A) IPC and sentenced him to undergo R.I. for 6 (six) months under Sec. 279 IPC and R.I. for 6 (six) months under Sec. 304 (A) IPC, with a direction that both the sentences will run concurrently.

(3.) It is submitted by Mr. Kaiyum, learned counsel that the learned Trial Court as well as the learned Appellate Court did not appreciate the evidence on record in its true perspective and arrived at a wrong decision, convicting the accused revision petitioner under Ss. 279/304(A) IPC.