KUSHAL NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. J. Hussain, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Addl. Public Prosecutor for the State and Ms. R. Choudhury, learned counsel for the informant/respondent No. 2.

(2.) This is an application under Sec. 442 read with Sec. 438 of BNSS, 2023 assailing the impugned Judgment and Order dtd. 26/9/2023, passed by the learned Sessions Judge, Kamrup, Amingaon in Criminal Appeal No. 23/2018 dismissing the appeal and thereby upholding the impugned Judgment and Order dtd. 27/11/2018, passed by the learned CJM, Kamrup, Amingaon in CR Case No.13028/2013, convicting the petitioner and sentencing him to undergo Simple Imprisonment for one month under S. 279 of IPC and Simple Imprisonment of six months under S. 304(A) of IPC.

(3.) The brief facts leading to the institution of this appeal is that one Md. Basir Ali on 2/11/2013 lodged an FIR before I/C Bijoy-nagar OP interalia stating that on 11/9/2013 at around 2.40 pm when his father Md. Gathiya Seikh was proceeding on foot near Madrassa High School on NH.37, one TATA Magic vehicle bearing regd. No. AS25AC-3299 coming from Chhaygaon towards Guwahati in a very rash and negligent manner lost control of the vehicle and collided with his father causing grievous injuries as a result of which his father expired on the spot. It is also stated that the said Tata Magic Vehicle after losing control collided with a stationary truck which was standing on the side of the road bearing regd. No. AS01H7389. In the FIR he also mentioned that one of the passengers of the Tata Magic vehicle Md. Taijuddin Ali has also suffered grievous injury and is undergoing treatment. In the FIR he mentioned that as he was preoccupied with the religious activity on the demise of his father there was delay in lodging of the FIR.