HAIDER ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY judgment and order, dated 21. 6. 2002 passed, in GR Case No. 2008/1999, by the Judicial Magistrate, 1st Class, Nagaon, the accused-petitioner stood convicted under Sections 279 and 338 of the Indian Penal Code and sentenced to undergo, for his conviction under Section 279 IPC, rigorous imprisonment for one month and pay fine of Rs. 500/- and in default of payment of fine, suffer rigorous imprisonment for 15 days and also to suffer, for his conviction under Section 338 IPC, rigorous imprisonment for two months and pay fine of Rs. 500/- and in default of payment of fine, suffer rigorous imprisonment for a further period of 15 days, the sentences having been directed to run consecutively. Aggrieved by his conviction and the sentence passed against him, the accused-petitioner preferred an appeal, which gave rise to Criminal Appeal No. 31 (N)/2002. By judgment and order dated 15. 11. 2002, the learned Additional Sessions Judge, Nagaon, has dismissed the appeal. Dissatisfied with the dismissal of his appeal, the petitioner has impugned the same in the present revision.

(2.) I have heard Mr. T. Deuri, learned counsel for the accused-petitioner, and Mr. D. Das, learned Additional Public Prosecutor, Assam.

(3.) THE case of the prosecution, as unfolded of the trial, may, in brief, be described as follows: on 17. 10. 1999, at about 5 P. M. , when one Md. Ali Islam, who was a passenger in a public bus, bearing registration No. AS-02/9047, driven by the accused, was alighting from the bus and had put one of his feel on the ground and the other foot was still on the bus, the accused drove away the bus at high speed. This made Ali Islam lose his balance and when he fell down, the wheels of the bus ran over him causing fracture of his pelvic bones. Some persons, who were present near the place of occurrence, removed the injured to a hospital where he was treated. On being informed about the occurrence, the police visited the place of occurrence. While the injured was still lying at the hospital, an Ejahar was lodged at Jurai Police Station and treating the same as FIR, Jurai Police Station Case No. 305/1999 under Section 279/338 IPC was registered against the driver of the said bus. On completion of investigation, police laid charge sheet against the accused-petitioner under Section 279/338 IPC.