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2019 Supreme(Gau) 82

RUMI KUMARI PHUKAN
MONORANJAN KONWAR – Appellant
Versus
STATE OF ASSAM – Respondent


Advocates:
Advocate Appeared:
U. Dutta, Adv., B. Bordoloi, Adv., B.J. Dutta, Adv.

JUDGMENT :

RUMI KUMARI PHUKAN, J.

1. Heard Mr. U Dutta, learned counsel for the petitioner and Mr. BJ Dutta, learned Addl. Public Prosecutor for the State. None appears for the respondent no.2.

2. This revision is directed against the order of the learned Sessions Judge, Morigaon dated 19.12.2013 in criminal appeal 27/2013 whereby the order of the learned CJM, Morigaon dated 8.7.2013 in GR case 1028/2011 u/s 304(A) of the IPC is upheld.

3. The prosecution case in brief is that the respondent no.2 (informant) on 5.11.2011 lodged an ejahar at Mikirbheta Police Station alleging that on 31.10.2011 at about 10.45 AM a Pulsar motorcycle bearing number plate AS-21A-2499 coming from Mikirbheta at a high speed in negligent manner knocked down one Smt. Jamuna Devi from her front side and she sustained grievous injury and was taken to Morigaon Civil Hospital where she succumbed to her injury.

4. On the basis of this ejahar Mikirbheta PS case 191/2011 u/s 279/338/304(A) of the IPC was registered followed by GR case 1028/2011. The police investigated the case and submitted chargesheet under the said Sections of law against the petitioner. On receiving summons petitioner appeared before the learned t









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