Decided on May 23,1985

Chiram Mukta Singh Appellant
STATE OF ASSAM Respondents

Referred Judgements :-



K.N. Saikia, J. - (1.)THE petitioner herein impugns the judgment and order dated 7 -2 -1985 passed in appeal by the Sessions Judge, Cachar and Karimganj at Silchar upholding his conviction under Section 279/304 -A Indian Penal Code but reducing the sentence to imprisonment for 3 months and to pay a fine of Rs. 1000/ - in default simple imprisonment for two months under Section 304 -A , and the imprisonment for 2 months under Section 279 Indian Penal Code, both the sentences being ordered to run concurrently.
(2.)ON 30 -10 -1979 at about 5.30 p.m. the accused petitioner Sri Chiram Mukta Singh while driving the line Bus No. 4331 towards Udharbond from Silchar, knocked down a girl named Laila Begum Choudhury who died on the spot. He did not stop the vehicle on the spot but drove it towards Udharbond Police Station where he surrendered.
The trial court considering the evidence and materials on record convicted him under the aforesaid sections and sentenced him to R.I. for 6 months under Section 279 and to. R.I. for 2 years under Section 304 -A Indian Penal Code. Before the appellate court the learned Counsel for the appellant urged only the question of sentence. Me submitted that the prison term was not compulsory under Sections 279/304 -A of the Indian Penal Code and accordingly prayed for altering the sentence of imprisonment to that of fine only. The appellate court, however, maintained the conviction under both the Sections but reduced the sentences as stated above.

(3.)MR . B.L. Singh, learned Counsel for the petitioner submits that prosecution case was that the girl was knocked down on the grassy portion of the road while the defence case was that the girl was on the middle of the road. The knocking down of the girl and her death thereafter are not in dispute. Mr. Singh, however, submits that the petitioner was not rash and negligent in driving as he was driving at the speed of only 40/50 miles per hour. The petitioner before the appellate court urged only the question of sentence and impliedly he did not have any other ground of appeal. Under the facts and circumstances of the case, the girl having been knocked down and killed on the road can it be said that the learned courts below wrong in finding the petitioner guilty under the' above sections and imposing the sentence.

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