Ujjal Bhuyan, J.

This is an appeal against acquittal.

2. Heard Mr. S.C. Biswas, learned counsel for the appellant and Ms. B. Choudhury, learned amicus curiae for respondent Nos.1, 2 and 3. We have also heard Mr. K. Konwar, learned Additional Public Prosecutor, Assam.

3. Appellant is the informant. He has preferred this appeal against the judgment and order dated 24.06.2013 passed by the learned Additional Sessions Judge No.1, Kamrup, Guwahati in Sessions Case No. 350 (K-G) of 2009 acquitting the respondent Nos.1, 2 and 3 from the charges under Sections 302/34 IPC.

4. Leave to file appeal was granted on 17.09.2013 whereafter appeal was admitted for hearing on 19.09.2013.

5. Prosecution case is that son of the informant (appellant) Rahul Singh @ Papu had left with his motor cycle bearing Registration No.AS-01-V-6197 from home on 17.09.2009 around 1 pm in the evening with some of his friends. Between 7.30 to 8 pm in the evening, appellant was informed by the local Police Station that his son had met with an accident and he was lying in the Gauhati Medical College and Hospital (GMCH). On receipt of this information, appellant and his family members rushed to the hospital whe