1 GR CASE NO. 412 of 2011 STATE OF ASSAM –Vs- SRI BIREN KARMAKAR DISTRICT: JORHAT IN THE COURT OF THE JUDICIAL MAGISTRATE (FIRST CLASS), JORHAT GR CASE NO: 412/2011 U/S 279/337, IPC STATE OF ASSAM VERSUS SRI BIREN KARMAKAR PRESENT : B. DUTTA, JUDICIAL MAGISTRATE 1ST CLASS, JORHAT ADVOCATE FOR THE PROSECUTION: SMTI NANDITA GOHAIN, (A.P.P.) ADVOCATE FOR THE ACCUSED: SRI J.D. SARMAH OFFENCE EXPLAINED ON: 31/10/2013 EVIDENCE RECORDED ON: 15/11/13, 15/02/14, 31/03/14, 29/04/14, 28/05/14 ARGUMENT HEARD ON: 16/10/2014 JUDGMENT DELIVERED ON: 20/10/2014 JUDGMENT 1) The incident, as alleged by the prosecution, which led to institution of this case is based on the ejahar filed by informant Sri Abhijit Phukan on 02/04/11 alleging interalia that on the same day at about 04.30 PM the red Bolero car bearing No. AS-03G-5009, used by Sri Hitendra Nath Goswami of AGP, hit the informant and Nabajyoti Hazarika while they protested to Typed by me JMFC,Jorhat 2 GR CASE NO. 412 of 2011 STATE OF ASSAM –Vs- SRI BIREN KARMAKAR his campaigning after campaigning hours. The car was driven under direction of Hitendranath Goswami and was driven negligently. The ejahar was registered as Jorhat PS Case No. 208 of 2011 u/S.s 279/337,IPC dated 02/04/11. 2) After investigation the police submitted Charge-Sheet against accused person Sri Biren Karmakar (driver of the vehicle), who was on police bail in connection with this case, under Sections 279/337, IPC. Copies of relevant documents, submitted with the Chargesheet, were furnished to the accused person. Particulars of offences, punishable under Sections 279/337, IPC were explained to the accused person to which he pleaded not guilty and claimed to be tried. 3) Prosecution examined ten witnesses and exhibited eight documents. Section 313, CrPC statement of the accused recorded. Defence has not adduced any evidence and pleaded for total denial. Accused admitted that he was driving the car; but contended that the people were gathering there. He did not hit anyone; he just drove the car through the gathering. People gave way to the car. Heard arguments of the learned counsels for both sides. POINTS FOR DETERMINATION 4) The following points for determination arose before this court in the instant case- (i) Whether the accused person drove Bolero car bearing No. AS-03-G- 5009 on 02/04/11 at about 04.30 PM at Aamtol road of Cinnamora Tea Estate? If so, (ii) Whether he drove his car in such a rash and negligent way that is likely to cause hurt or injury to any person? And , (iii) Whether the accused person caused hurt to Sri Abhijit Phukan and Sri Navajyoti Hazarika by driving his Bolero car so rashly and negligently as to endanger human life, or personal safety of others? Typed by me JMFC,Jorhat 3 GR CASE NO. 412 of 2011 STATE OF ASSAM –Vs- SRI BIREN KARMAKAR On these points, the decision of this Court and reasons thereof are discussed below- DISCUSSION,DECISION AND REASONS THEREOF 5) Point (i) Whether the accused person drove Bolero car bearing No. AS-03-G-5009 on 02/04/11 at about 04.30 PM at Aamtol road of Cinnamora Tea Estate? If so, Point (ii) Whether he drove his car in such a rash and negligent way that is likely to cause hurt or injury to any person? And , Point (iii) Whether the accused person caused hurt to Sri Abhijit Phukan and Sri Navajyoti Hazarika by driving his Bolero car so rashly and negligently as to endanger human life, or personal safety of others? For purpose of convenience, all the points are discussed together- (5.1) PW1 Abhijit Phukan stated that he does not know the accused person. On 02/04/2011 he went on party work of the Congress party alongwith Navajyoti Hazarika. After campaigning while they were coming back, they saw that Sri Hitendra Nath Goswami of the AGP party was campaigning at Aamtol of Cinnamora Tea Estate at about 04.30 PM. Informant , Navajyoti Hazarika and some others protested as campaigning hours were upto 3 PM. Hiten Goswami altercated with them and directed his driver to drive the red Bolero car. The driver drove it by hitting them. Police came and sent them to hospital. After that PW1 lodged ejahar (Ext.1). He does not know as to who was the driver of the red Bolero car. PW1 further stated that he got injured over left hand palm and right thigh, and Navajyoti got injured over elbow and knee. (5.2) PW2 Nabajyoti Hazarika stated that he has known the accused from the date of occurrence. On 02/04/11 after completion of election campaingn of the Congress, PW2 was going towards Cinnamora Tea Estate alongwith the informant. They saw near Cinnamora Aamtol that public was surrounding a red Bolero car. A party workman informed Typed by me JMFC,Jorhat 4 GR CASE NO. 412 of 2011 STATE OF ASSAM –Vs- SRI BIREN KARMAKAR them that after expiry of election campaigning hours AGP candidate Hitendra Nath Goswami was campaigning. When they asked Hitendra Nath Goswami about it, he got into his car and directed his driver i.e. the accused to drive the car. Accused drove the car by hitting them. PW2 also stated that he got injured over left knee and right hand little finger, and informant got injured over leg and hand. During cross-examination, PW2 denied that they themselves got injured while preventing a car. (5.3) PW3 Bhupen Hazarika stated that he knows the accused by name from the date of occurrence. At the time of legislative assembly election in 2011 after 3 PM he was going towards Cinnamora and saw a crowd. Campaigning hours ended at 3 PM. There he came to know that after 3 PM Hiten Goswami of AGP was campaigning. So, people prevented him. By that time, Hiten Goswami had left the place. (5.4) PW4 Ranju Boruah @ Raju Boruah stated that he has known the accused by name from the date of occurrence. In 2011 legislative assembly election, the time of campigning was upto 3 PM. Abhijit Phukan, Navajyoti Hazarika, Bhupen Hazarika, PW4 himself and some others were doing party work of the Congress; then they got information that candidate of AGP was campaigning after 3 PM. They went there. The place was Cinnamora Sadar line. After 3 PM they got information. Before their arrival, the AGP candidate went out in a red car. Then Navajyoti Hazarika tried to stop the car with his hands; then the looking mirror of the car hit his hand, for which he got injured. During cross-examination, PW4 stated that he cannot recollect the number of the car. He does not know as to who was driving it. Navajyoti’s hand touched the glass of running car. The road was congested. There was no accident. (5.5) PW5 Sunita Hajam stated that in 2011 on the last day of election campagning the campaigning time was upto 3 PM. She heard, while she was at home, that Hiten Goswami, AGP candidate, was campaigning after 3 PM. (5.6) PW6 Ghanashyam Bawri stated that he does not know either the accused or the informant. At the time of legislative assembly election Typed by me JMFC,Jorhat 5 GR CASE NO. 412 of 2011 STATE OF ASSAM –Vs- SRI BIREN KARMAKAR of 2011 he was a member of Panchayat. He heard that after closure of campaigning at their ward, Hiten Goswami has entered to campaign. Later, PW6 heard that Navajyoti Hazarika was hit by a car; he does not know as o whose car it was. (6.7) PW7 Puran Mirdha stated that accused is his neighbour. At the time of legislative assembly election, he heard that Hiten Goswami was campaigning. Then some Congress workers prevented him. Then a car hit a person. While the police seized that car, took his signature as witness on seizure list (Ext.2). During cross-examination, PW7 stated that he does not know as to what was written on the paper, signed by him. (6.8) PW8 Bhaity Ghatowal stated that he does not know either the accused or the informant. About 4 years back while he was coming back from work he saw a crowd of people at Cinnamora sadar road. There he saw police. Police took his signature on a paper. He does not know as to why the signature was taken. During cross-examination, PW8 stated that he does not know a sto what was written on the paper. (6.9) PW9 Biman Regon i.e. the Investigating Officer (I.O.) stated that on 02/04/11 while he was working in the Traffic Branch of Jorhat police station, he got an information that there had occurred an accident at Aamtol area of Cinnamora tea estate. Traffic In-Charge Padma Das directed PW9 to go to the place of occurrence. Then he went there alongwith his staff and interrogated witnesses. He prepared a sketchmap. Injured Abhijit Phukan and Navajyoti Hazarika were sent to Jorhat Medical College and Hospital [JMCH]. On 02/04/11 Abhijit Phukan lodged ejahar. The car, causing the accident, was not found. Later it was known that the said car had been used by Hiten Goswami, ex MLA of Jorhat. On 27/04/11 the car was eized from the accused. Motor Vehicle Inspection of the car was conducted. The car was given in custody of Puran Mirdha.