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Of 9 HEADING of JUDGMENT on APPEAL IN Page 1 of 9 HEADING OF JUDGMENT ON APPEAL IN THE COURT OF THE ADDITIONAL SESSIONS JUDGE, GOLAGHAT Present : Md. A.U.Ahmed, AJS Additional Sessions Judge, Golaghat CRIMINAL APPEAL NO. 18 OF 2016 (Under Section 374(3) of the CrPC) Sri Joy Kumar Singh Son of Sri Late Pakhang Singh Vill-Baihha Kandighat Dist-Cachar,Assam Present Address:- Bokakhat Koroati Gaon P.S-Bokakhat Dist- Golaghat, Assam----------------------------- Appellant Versus 1.State of Assam 2.Sri Arun Hazarika Son of Late Upen Hazarika Vill-Purana Amalapatty PS & Dist- Golaghat --------------------------- Respondents Appearance: For the appellant : Sri P.Borah, Advocate For the State of Assam : Md.S. Rahman, Additional PP Date of argument heard : 23-06-2016 Date of Judgment pronounced : 08-07-2016 Page 2 of 9 JUDGMENT 1. This criminal appeal has been directed against the Judgment and order dated 02-05-2016 passed by the Sub-Divisional Judicial Magistrate, Bokakhat(S) in connection with GR Case No.692-2012 where by the appellant/accused person has been convicted and sentenced under sections 279/304A/338/427 IPC. 2. The prosecution story in brief is that on 17.05.12 at about 2-50 pm while the brother of the informant Barun Hazarika was coming from Guwahati towards Dibrugarh by driving the Indigo car bearing regd. No.AS- 06 L -0091 along with his wife, son and daughter along NH 37, reaching Latabari under Bokakhat PS a dumper coming from opposite direction driven in high speed negligently knocked it down, as a result the said car got completely damaged and his aforesaid brother and his niece Poulmi Kayshap died on the spot. The rest occupants sustained serious injuries. The injured persons were immediately taken to Jorhat Medical College. On receipt of the written ejahar, Bokakhat PS registered a criminal case vide Bokakhat PS Case No.69/2012 u/s 279/338/304A/ 427 IPC. On completion of the investigation charge sheet was submitted under sections 279/338/304A/427 IPC against the accused /appellant. 3. On completion of appearance of the accused person, copy was supplied to him. The particular of the offences u/s 279/338/304A/427 IPC was explained to the accused/ appellant to which he pleaded not guilty and claimed to be tried. 4. During the trial the prosecution has examine as many as 8 witnesses. Accused/appellant has been examined under section 313 CrPC. The defence has examined none. The plea of defense is of total denial. 5. The following points raised by the learned court below. (i) Whether the accused/appellant on 17.05.12 had driven the vehicle so rashly and negligently as to endanger the human life on the public road ? Page 3 of 9 (ii) If so, whether in consequent to the accident one Barun Hazarika & his daughter Poulmi Kashyap lost their lives at the spot and his wife Mintumoni Hazarika & male child Tathagot Kashyap received serious injuries and their vehicle got damaged extensively due to such rash and negligent act of the accused? 1. Having very carefully gone through the submissions of both sides as well as evidence on record, the learned court below passed the impugned Judgment and order. On being aggrieved and dissatisfied with the Judgment, this appeal has been preferred on the grounds stated in the appeal memo. 2. Point for determination: Whether the impugned Judgment and order suffer any illegality, impropriety and infirmity 3. Decisions and reasons there of: I have very carefully gone through the arguments duly advanced by the Ld lawyers of both sides as well as case record of lower court, the impugned Judgment and the appeal memo. 4. It has been argued by the Ld. Lawyer appearing on behalf of the appellant that the learned court below has failed to appreciate the evidence of the victim and as such its finding is not proper and the same is liable to be set aside. On the other hand rebutting the aforesaid submission, the Ld. Additional PP has submitted that the Ld court below after full application of his judicial mind and meticulously scanning evidence adduced came to conclusion that the prosecution has succeeded in establishing its case under sections 279/338/304A/427 IPC against the accused/ appellant beyond all reasonable doubts and as such it can be said the he has rightly passed the impugned judgment and order in conformity with law. Page 4 of 9 5. I have given my anxious and thoughtful consideration as regards to the rival contentions raised by the learned counsel of both sides. In order to appreciate the arguments duly advanced by the Ld. Counsel of both sides and to examine correctness of the impugned judgment it would be appropriate to briefly scrutinize the evidence on record. 6. PW-1 is Sri Arun Hazarika who is the informant of this case. He has stated in his evidence that on 17.05.12 at 3 pm while his brother Barun Hazarika and niece Miss Riki were coming from Guwahati in an Indica car, reaching Latabari under Golaghat PS met an accident with a dumper coming from opposite direction, as a result niece Riki and aforesaid bother died on the spot. In the said car his sister-in-law Smti. Mintu and nephew Angshu were also coming. The nephew and sister-in-law were taken to Jorhat Medical College. Getting information about the accident he came to Bokakhat PS and found dead bodies of his brother and niece there. Dead bodies were sent for post mortem. Nephew and sister-in-law were taken to Jorhat and they were kept in ICU. Both injured persons sustained fracture injuries. He heard that while the Indica car was going slowly, 3 Nos.of dumper were coming from the opposite direction and while the dumper which was in the middle tried to overtake, the accident took place. On the same day he lodged a written ejahar. Ext.1 is the said FIR and Ext.1(1) is his signature. He could not recollect registration number of the said dumper. The car of the deceased Barun Hazarika was got complete damaged. He forgot who had drove the dumper. 7. PW-2 is Mrinmoy Dutta who is the nephew of the informant from mother side. His evidence reveals that on 17.05.12 while his uncle Barun, aunty Mintu, cousin and cousin’s sister Poulmi coming from Guwahati in an Indigo car to their house, reaching Latabari a dumper coming from opposite direction driven in rash and negligent manner at high speed knocked it down from front side as a result, uncle Barun and cousin sister Poulmi died on the spot. Aunty and cousin sustained serious injuries. Page 5 of 9 Injured persons were taken to Bokakhat hospital and thereafter they were taken to Jorhat Medical College. The injured persons sustained head injuries and their legs were broken. His uncle Arun lodged the case. He heard that due to fault of the accused / appellant the accident took place. 8. PW-3 is Smti. Mintumoni Hazarika who is one of the injured persons. Her evidence shows that on 17.05.12 while she , her husband Barun Hazarika, son Tathagot Kashyap and daughter Smti. Poulmi Kashyap were coming from Guwahati in an Indigo car to Dibrugarh, reaching Latabari under Bokakhat PS at 2-30 pm , one of the dumpers out of three numbers, which was in middle coming from opposite direction knocked their car down after overtaking the first one, as a result her husband and daughter died on spot. She and her son sustained injuries. 9. PW-4 is Sri Bhakta Bahadur Raut. His evidence shows that he knows nothing about the occurrence. 10. PW-5 is Sri Nomi Telenga. His evidence shows that about 2 years back one day at noon while he was in the line he heard that an accident took place. Coming to the place of occurrence he found that two persons died. He had not seen as to how the occurrence took place. 11. PW-6 is Bipul Kakaty. His evidence shows that about 2 years back at noon an accident took place wherein one Barun Hazarika and his daughter died while they were coming from Guwahati towards Dibrugarh. Getting information about the accident he came to the Bokakhat Hospital and found injured persons there who were wife and son of the deceased Barun Hazarika. Police seized the car of the deceased. Ext.2 is the said seizure list and Ext.2(1) is his signature. 12. PW-7 is Kamal Gogoi. His evidence shows that the occurrence took place in the month of May,2012 at about 2-50 pm while he was coming from Kaziranga to his house. He saw a dumper vehicle after crossing his car at Latabari being driven at high speed in rash and negligent manner. Page 6 of 9 He also saw the said dumper vehicle knocking down a silver colour Indigo car coming from Guwahati bearing regd. No.AS-06-L-0091. He also saw the aforesaid car being run over by the dumper vehicle. Due to aforesaid accident front side of the Indigo car was got completely damaged. The driver of the dumper vehicle fled away immediate after the occurrence. On the day of the occurrence at about 3-10 / 3-15 pm, police came to the place of occurrence. Two occupants of the car died on the spot and remaining occupants sustained injuries. The occupants of the car who died on the spot are Barun Hazarika and Poulmi Kayshap. Ext.1 was written by him. 13. PW-8 is Khirod Kr.
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