GUWAHATI, India, Dec. 10 -- Gauhati High Court issued the following order on Nov. 11:

1. Heard Mr. R Hazarika, learned counsel for the accused petitioner. Also heard Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the State.

2. The instant criminal revision petition is directed against the judgment dated 09.09.2014 passed by the learned Sessions Judge, Jorhat in Criminal Appeal No. 20/2014, whereby the appeal filed by the accused petitioner was partly allowed and the sentence of simple imprisonment for 2 years under Section 304 (A) of the IPC as has been awarded vide judgment dated 12.03.2014 passed in G.R. Case No. 1253/2011 by the learned Sub-Divisional Judicial Magistrate, Jorhat under Sections 279/338/304(A)/427 IPC has been modified to simple imprisonment for a period of six months with fine of Rs. 5,000/-, in default of payment of fine, to undergo simple imprisonment for another 45 days.

3. The case of the prosecution in brief is that the informant, PW-1 lodged an FIR before the Teok Police Station on 24.08.2011 to the effect that on 21.08.2011 at about 4.00 PM his elder brother Pabitra Gogoi (hereinafter referred to as the deceased) while was driving his Tata ACE vehicle bearing registration No. AS 04 AC 0814 from Teok to Sivasagar side and upon reaching near Blue Heaven Dhaba situated near Jhanji Hahchora, Teok on the National Highway-37, one City Bus vehicle bearing Registration No. AS 03 E 0155 which was coming from the opposite direction being driven by its driver in a rash and negligent manner knocked down the said Tata ACE vehicle, for which the deceased received grievous injuries and later on succumbed to his injuries at Jorhat Medical College & Hospital.

4. It is the further case of the prosecution that the other passengers who were traveling in the said vehicle also received grievous injuries on their person and were also examined at Teok FRU. It is the further allegation of the prosecution that the accused petitioner drove the said City Bus rashly and negligently and the accident occurred due to his rash and negligent act of driving.

5. Accordingly, the case was registered under Sections 279/338/304(A)/427 IPC. Upon completion of investigation, charge-sheet was submitted and thereafter, the trial of the case commenced.

6. During trial, in order to prove its case, prosecution examined altogether 13 witnesses. Upon conclusion of the trial, the learned Trial Court found the accused petitioner guilty for the offences under Sections 279/338/304(A)/427 IPC and sentenced accordingly.

7. Being aggrieved, an appeal being Criminal Appeal No. 20/2014 was preferred by the accused petitioner before the appellate court and the appellate court after re-appreciating and analyzing the evidence was pleased to uphold the conviction as awarded by the trial court, however, reduced the sentence from 2 years of simple imprisonment under Section 304 (A) of IPC to simple imprisonment for a period of 6 months with fine of Rs. 5,000/-, in default of payment to undergo simple imprisonment for another 45 days.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=lG6h6ilt3H1fOBr4DLdM9VCZ8hW8lofhTO2xJodgYhRVI3FSp0PEsUfH%2BinWL769&caseno=Crl.Rev.P./473/2014&cCode=1&cino=GAHC010128122014&state_code=6&appFlag=)

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