Details - Dhemaji District Judiciary

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2 uncle/‘Khora’-Benudhar Medok was returning home, on the way at Gogamukh weekly market road in front of Senapati Printing Press, the accused/Md. Karim Ali hit the complainant’s uncle from backside with a TVS bike bearing Regd. AS-01:P/4998 which he was driving rashly and negligently. The victim/uncle was seriously injured in the incident and then he was taken to Guwahati for better medical treatment but later on he succumbed to his injuries on 05-10-2008. 3) The First Information Report (FIR in short herein after) about the incidence was registered. Then the GMK. Police had investigated into the case and after completion of its usual investigation, submitted the Charge- sheet against the accused, U/S-279/338/304(A) IPC against the accused. 4) The Ld. Chief Judicial Magistrate had taken the cognizance on the alleged charge-sheeted offences of the case by accepting the Charge-sheet and then I received the case records on being transferred for disposal on 01-08-2011. 5) Finally, the accused appeared before the court in pursuance of summons of the court, thereafter he was also allowed to remain on bail bond. Then the necessary copy of the case records was furnished to the accused as per requisite of Section-207 Cr. P. C before initiating trial and on finding a prima-facie case for presuming that the accused had committed the alleged charge sheeted offences, I explained and read out the particulars of the alleged offences to the accused; to which the accused pleaded not guilty and claimed to be tried. The formal charge on the offences of Section-279/338/304(A) IPC also was framed against the accused. Then the prosecution was directed to lead their evidences in the case. 6) POINTS FOR DETERMINATION:- i) Whether or not, the accused had on 26-09-2008 at about 11 am at Gogamukh weekly market, in front of Senapati Printing Press driven his bike bearing Regd. No.-AS/01-P/4998 on the public road in a rash and negligent manner so as to endanger human life.
3 ii) Whether the accused person had on 26-09-2008 at about 11am at Gogamukh weekly market, in front of the above mentioned printing press caused injury to the complainant’s uncle/Benudhar Medok by knocking him down with his vehicle, AS-01 P-/4998 by driving it rashly and negligently or not. iii) Whether the accused person had knocked down the complainant’s uncle by driving his bike AS-01P/4998 rashly and negligently and caused death to the complainant’s uncle/Binudhar Medok or not. 7) THE PROSECUTION WITNESSES ARE AS FOLLOWS:- To prove its case the prosecution examined altogether 05(five) witnesses, Viz,- i) PW1-----------Shri Keshab Das, ii) PW2-----------Shri Jogendra Medok, iii) PW3-----------Shri Rameswar Ram, iv) PW4-----------Shri Raghu Das, v) PW5/I.O------Shri Raja Sarkar. The Exhibited Documents in the case are as follows:- i) Exhibit No.1-------------Seizure list of the bike. ii) Exhibit No.2-------------FIR, dated. 01-10-2008. iii) Exhibit No.2-----------Charge-sheet, Dtd.30-06-2011. The accused person was also examined U/S 313 Cr. P. C. where he has totally denied about his rash and negligent driving in the incidence. He deposed that he had no fault in the alleged accident. The victim had himself suddenly come in front of his bike and met with the accident. However he declined to adduce his defence evidences in the case. 8) DISCUSSION, REASONS AND DECISION THEREON:- I have taken all the above mentioned points together for discussion, reasons and for decision. I have heard the submissions of the Learned Counsels for the State and the accused on the incidence of the case. The contention of the accused side is that the accused is totally innocent. Ld. Defence counsel/ Mr. Dihingiya submitted that the complainant’s uncle
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Details - Dhemaji District Judiciary

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