ANANDI RAI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Lal, learned Counsel appearing for the petitioner. Also heard Mrs. N. Das, learned Additional Public Prosecutor appearing for the State respondent.

(2.) This criminal revision petition is filed under Sec. 397/401 read with Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to "Cr.P.C") seeking quashing of the judgment and order of conviction and sentence dtd. 18/4/2012 passed against the petitioner/accused by the learned Judicial Magistrate First Class, Biswanath Chariali in G.R. case No. 628/2005 registered under Ss. 279/427/304(A) of the Indian Penal Code (hereinafter referred to as "IPC"), whereby the petitioner/accused was convicted and sentenced to undergo Rigorous Imprisonment for 2(two) years under Sec. 304(A) of IPC, Rigorous Imprisonment for 6(six) months under Sec. 279 of IPC, and a payment of Rs.1,000.00 under Sec. 427 of the IPC; in default to suffer Simple Imprisonment for another 2(two) months and the judgment and order dtd. 26/9/2012 passed by the learned Additional Sessions Judge, (F.T.C.) Biswanath Chariali, (hereinafter referred to as the "appellate Court") in Criminal Appeal No.22(S-2)/12 upholding the judgment of conviction of sentence passed by the trial Court in G.R. Case No. 628/2005.

(3.) The brief facts of the case is that on 24/11/2005 an F.I.R. was lodged alleging inter alia that on 24/11/2005 at around 9.30 a.m., while the informant's maternal uncle's son namely Padmeswar Tabu was coming on his bicycle, he was hit by a truck bearing registration No.AS-01-K- 5357, which was driven by its driver rashly and negligently. Accordingly, a case was registered and after completion of investigation, Charge-sheet was submitted whereafter, the trial Court framed charge under Ss. 279/427/304(A) of IPC and the trial commenced. During trial, the prosecution adduced 6(six) prosecution witnesses, whereas the incriminating materials were put to the petitioner/accused in his examination under Sec. 313 of Cr.P.C., which he generally denied and chose not to adduce any evidence. Thereafter, the trial Court convicted the petitioner/accused and sentenced thereunder, which was challenged in appeal by the petitioner/accused and the appellate Court was pleased to dismiss the same. Situated thus, the present criminal revision petition has been filed.