ANGSUMAN SARMAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Bora, learned counsel appearing for the petitioner and Mr. B. Sarma, learned Addl. Public Prosecutor, Assam, for respondent No.1 as well as Mr. NNB Choudhury, learned Addl. Public Prosecutor, Arunachal Pradesh for respondent No.2. None appears for the respondent No.3 despite service of Notice.

(2.) The petitioner herein is an accused in connection with Roing P.S. Case No. 10/2016 under Section 279 / 304(A) / 338 IPC and charge-sheet has been filed in G.R. Case No.12/2016 against the petitioner now pending before the learned Chief Judicial Magistrate, Roing, Lower Dibang Valley, Arunachal Pradesh.

(3.) The incident had occurred at Bridge Point, Koronu on 26.01.2016 at about 9-00 AM when suddenly a motor-cycle bearing Registration No. AS-16-5269 hit the car of the petitioner from the opposite side as a result of which rider of the motorcycle, namely, Abind Litin succumbed to his injuries and the pillion rider sustained injuries. An FIR was lodged to this effect by the father of the deceased i.e. respondent No.3 on 26.01.2016 with the Officer-in-Charge, Roing Police Station. According to the petitioner, after filing of the FIR, he has been threatened by the informant and his family members with dire consequences unless he paid certain amount as compensation for the incident. As a result of such threatening, the father of the petitioner was compelled to enter into an agreement to pay an amount of Rs.10 Lakhs out of which an amount of Rs. 4 Lakhs was paid by way of cheque. Even thereafter, the petitioner was under constant threat and it has come to the knowledge of the petitioner that the father of the deceased and other family members were planning to eliminate him on his date of appearance before the court of Chief Judicial Magistrate at Roing.