SRI KHIROD GOGOI Vs. THE STATE OF ASSAM
HIGH COURT OF GAUHATI
Sri Khirod Gogoi
The State Of Assam
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HITESH KUMAR SHARMA,J. -
(1.) This revision petition is filed, under Section 397, read with Section 401 of the Code of Criminal Procedure, against the judgment and order dated 23-05-2006, passed by learned Chief Judicial Magistrate, Golaghat, in GR Case No. 620/2003, convicting the accused petitioner, under Sections 279/337/304(A) of the IPC and sentencing him to pay a fine of Rs. 1,000/-, in default, to suffer further simple imprisonment for 15 (fifteen) days, for the offence punishable under Section 279 of the IPC; to pay a fine of Rs. 500/-, in default, to suffer further simple imprisonment for 15 (fifteen) days for the offence punishable under Section 337 of the IPC and to suffer simple imprisonment for 1 (one) year, for the offence punishable under Section 304(A) of the IPC as well as the judgment and order, dated 28-08-2006, passed by the learned Sessions Judge, Golaghat, in Criminal Appeal No. 22/2006 dismissing the criminal appeal and upholding the judgment and order, dated 23-05-2006 of the learned trial Court.
(2.) I have heard Ms. P. Bhattacharyya, learned counsel appearing on behalf of accused revision petitioner, and Mr. PS Lahkar, learned Additional Public Prosecutor, Assam.
(3.) The facts leading to the prosecution case is that a 709 mini bus, bearing registration No. AS-05-7575 was coming from Nagaon to Golaghat, met with an accident at Haldhibari. The passengers in the bus got injured. One of the passengers, namely, Abdul Malik died at the spot. The aforesaid mini bus, while proceeding towards Golaghat, the driver of the said bus noticed a Maruti car coming from the opposite side and it was about to collide with the bus. To avoid the collision, the driver of the mini bus took left turn, while the bus was on move, and it rolled down on the road. The passengers sustained injuries and one of the passengers died as a result of the accident.;
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