STATE OF ASSAM Vs. HITESH KUMAR, SARMA

JUDGEMENT

(1.) This is an appeal preferred by the State of Assam against the judgment and order, dated 20.01.2009, passed by the learned Sessions Judge, Tinsukia in Criminal Appeal No.1(1)/2007, Criminal Appeal No. 4(1)/2007 and Criminal Appeal No. 5(1)/2007 setting aside the judgment, dated 11.12.2006 in GR Case No. 606/1998 under Section 304(A) of the IPC passed by the learned Chief Judicial Magistrate, Tinsukia.

(2.) I have perused the appeal memo and the impugned judgments. I have also perused the records of the learned court below, including the evidence available therein.

(3.) I have heard Mr. BB Gogoi, learned Additional Public Prosecutor, appearing for State appellant. Also heard Mr. BM Choudhury, learned counsel appearing for the respondent Nos. 1to 3 as well as Mr. S Bothakur, learned counsel for the respondent Nos. 4 and 5.