NIKUNJA SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. Bhattacharjee, learned counsel appearing for the petitioner. Also heard Mr. M.P. Goswami, learned Addl. P.P. Assam appearing for the State/ respondent.

(2.) The present revision petition has been instituted assailing the judgment dated 12- 08-2013 passed by the learned Addl. Sessions Judge, FTC, Darrang, Mangaldai in Crl. Appeal 5(D)-1/2013 dismissing the same and thereby upholding the judgment dated 28- 02-2013 passed by the learned Chief Judicial Magistrate, Darrang, Mangaldoi in G.R. Case No. 471/2007 convicting the petitioner, herein, under Sec. 279/ 337/ 304A IPC and sentencing him accordingly.

(3.) The prosecution case, in brief, is that one Diganta Deka had lodged an FIR before the Officer-in-Charge, Mangaldoi Police Station on 25/5/2007, inter-alia, alleging therein that on 24/5/2007 his father and mother while were proceeding to their younger daughter's house situated at Saru Areng by walking on their own side from village Howly Mohanpur at around 07:00 p.m., when they reached the place situated at a distance of approximately 100 meters from Areng Balika Primary School, the petitioner, herein, riding a Yamaha Libero motorcycle bearing registration No. AS-13A-1579 collided with his parents from the backside, resultantly his father expired on the spot and his mother sustained heavy injury and was under treatment. It was also stated in the FIR that the offending vehicle was being ridden without any laminated headlight. The police on receipt of the FIR, registered the same as Mangaldai P.S. Case No. 198/2007 under Sec. 279/ 338/ 304(A) IPC. On conclusion of the investigation, the police laid charge-sheet against the petitioner, herein, under Sec. 279/ 338/ 304(A) IPC. The learned Trial Court framed charge against the petitioner, herein, under Sec. 279/ 338/ 304(A) IPC.