JUDGMENT :

Hitesh Kumar Sarma, J.

This is a Criminal Revision Petition, filed under Sections 397/401 of the Cr.PC, challenging the legality, propriety and correctness of the judgment and order, dated 19.02.2009, passed by the learned Additional Sessions Judge (FTC), Kamrup in Criminal Appeal No. 31/2008 upholding the judgment and order, dated 23.06.2008 in GR Case No. 636/2000, passed by the learned Chief Judicial Magistrate, Kamrup convicting and sentencing the accused-revision petitioner to undergo simple imprisonment for a period of 1 (one) month under Section 279 of the IPC and simple imprisonment for a period of 3 (three) months under Section 304(A) of the IPC and to pay the compensation amounting to Rs. 10,000/-.

2. I have heard Mr. A Choudhury, learned counsel for the accused-revision petitioner as well as Mr. NK Kalita, learned Additional Public Prosecutor, appearing for the State respondent.

3. I have also perused the LCR including the evidence on record.

4. On perusal of the evidence on record, it appears to be an undisputed fact that the deceased died on being hit by the Tata Sumo vehicle which was driven by the accused revision petitioner at the relevant point of time. The o