ABDUL AWAL Vs. STATE OF ASSAM AND ANOTHER

JUDGEMENT

(1.) Mr. Mr. H.R.A. Choudhury, learned Senior Counsel, assisted by Mr. N. Uddin, learned counsel for the petitioner and Mr. H Sarma, learned Additional Public Prosecutor, Assam for the respondent State.

(2.) The learned Court of Munsiff Magistrate No. 1, Goalpara, after considering the records and hearing the parties by order dated 26.07.2012 passed in C.R. Case No. 724 of 2011 framed charge under Section 193 IPC against the petitioner, fixing 24.08.2012 for evidence. Being aggrieved with the said order of framing charge under Section 193 IPC dated 26.07.2012, the petitioner has preferred this revision petition.

(3.) The petitioner herein is serving as a Head Teacher in Kharmuja Lower Primary School, a provincialised school at Baguan, District-Goalpara. Brief facts of the case is that on 04.09.2008, a minor girl while coming to the said LP School in the morning was ran over by a motorcyclist, which was at a high speed and due to said road traffic accident, said minor sustained injuries and her right leg was fractured. The said accident occurred just in front of the said L.P. School and the petitioner and another teacher of the school took the injured minor to the hospital for her treatment. The father of the injured minor girl on 07.09.2008 lodged an FIR before the Officer-in-Charge of Kharmuja Out Post regarding the said incident accusing one Md. Baharul Islam, son of Md. Jobed Ali and the said FIR on being forwarded was registered as Goalpara Police Station Case No. 260/2008 (corresponding to G.R. Case No. 939/2008) under Sections 279/338 IPC. After filing of the Charge Sheet in said Goalpara P S Case No. 260/2008, trial of said G.R. Case No. 939/2008 proceeded before the Judicial Magistrate, First Class, Goalpara where the petitioner as prosecution witness, being PW No. 2 initially deposed on 03.07.2010.