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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MITALI THAKURIA
Siraj Ali, S/o. Lt. Mamaru Ali – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
MITALI THAKURIA, J.
Heard Mr. D. A. Kaiyum, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, for the State respondent.
2. This is an application filed under Section 401 read with Section 397 of the CrPC against the judgment dated 30.05.2015, passed by the learned Sessions Judge, Kamrup, Amingaon in Criminal Appeal No. 01/2015 upholding and confirming the judgment and order dated 10.12.2014, passed by the learned Additional CJM, Kamrup in G.R. Case No. 1332/2014 arising out of Palashbari P.S. Case No. 89/2011, whereby the accused petitioner was convicted under Section 279/304(A) IPC and sentenced him to undergo R.I. for 6 (six) months under Section 279 IPC and R.I. for 6 (six) months under Section 304 (A) IPC, with a direction that both the sentences will run concurrently.
3. It is submitted by Mr. Kaiyum, learned counsel that the learned Trial Court as well as the learned Appellate Court did not appreciate the evidence on record in its true perspective and arrived at a wrong decision, convicting the accused revision petitioner under Sections279/304(A) IPC.
4. He further submitted that the prosecution had examined 4 (four) numbers of w
The court upheld that for convictions under Sections 279 and 304A IPC, the prosecution must prove rash and negligent driving caused the death, which was sufficiently established through witness testi....
The testimony of an interested witness can be relied upon if found trustworthy and reliable, and the quality of evidence is more important than the quantity.
The testimony of an interested witness can be relied upon if found trustworthy, and sentencing should be proportionate to the nature and gravity of the crime.
Rash driving or riding on a public way – There is no such statutory exception pleaded in the present case. In absence of any material on record, no presumption of "rashness" or "negligence" could be ....
The prosecution must prove guilt beyond reasonable doubt, especially when relying on interested witnesses, and must establish the essential elements of rash and negligent driving.
The main legal point established is the application of the principles of rash and negligent driving under the Indian Penal Code, supported by consistent evidence and interpretation of relevant legal ....
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