PRESENT : Md. D. Ullah, A.J.S., Chef Judicial Magistrate, Jorhat.

Transcription

1 IN THE COURT OF THE CHIEF JUDICIAL MAGISTRATE : JORHAT. PRESENT : Md. D. Ullah, A.J.S., Chef Judicial Magistrate, For the prosecution... Md. S. Ali, Addl.P.P. For the accused person... Mr. Rantu Borah, Advocate. Ref. : G.R.case No. 842 of State of Assam -vs- Ratul Saikia... Accused person. Under sections 279/338 I.P.C. Offences explained on Evidence recorded on ; ; ; Statements recorded on Arguments heard on Judgment delivered on JUDGMENT. 1. The prosecution initiated this case on receipt of an ejahar at Jorhat police station, filed by one Bibekananda Bordoloi of Tarajan Sonari Gaon, Jorhat, alleging therein that on , at about 7-30 p.m. while his uncle Sri Dimbeswar Bordoloi was walking on A.T. Road on his left side, near Elite Gas Agency, he was knocked down by a motor cyclists, riding his motor cycle bearing registration No. AS-03-J-7987 from the same direction in a rash and negligent manner and at a high speed. As a result, his uncle sustained serious injuries on his person. The injured was immediately shifted to the nearby A.G. Nursing Home for medical treatment. The offending motor cyclist fled away leaving behind his motor cycle at the accident spot. 2. On receipt of the said ejahar, the In-charge, Traffic Branch of Jorhat police station, mad G.D. Entry No. 378 dated and forwarded the same to the officer-in-charge, Jorhat police station, for registration of a case Contd...P/2.

2 (Page...2) G.R.842/11. and accordingly, the officer-in-charge, Jorhat police station, registered the Jorhat P.S. Case No , u/s 279/338 of the I.P.C. and caused investigation of the instant case. Finally, after completion of the investigation, the I.O. concerned submitted the charge sheet against accused Ratul Saikia u/s 279/338 of the I.P.C. 3. In due course, the accused appeared before the Court, the copies of relevant documents were furnished to him u/s 207 of the Cr.P.C. and the particulars of offences u/s 279/338 of the I.P.C. were read over and explained to the accused person to which he pleaded not guilty and claimed to be tried. 4. In order to bring home the charges against the accused person, the prosecution examined as many as four witnesses. After closure of prosecution evidence, the statements of the accused person u/s 313 Cr.P.C. was recorded. The defence plea of the accused is total denial. The accused has also declined to adduce any defence evidence. I have heard the arguments of the learned counsel of both sides. POINTS FOR DETERMINATION : 5. (i) Whether the accused Ratul Saikia on at about 7-30 p.m. near Elite Gas Agency, Jorhat, rode the motor cycle bearing registration No. AS-03-J/7987 on the public road in a manner so rash and negligent way, endangering human life, and thereby committed an offence punishable u/s 279 of the I.P.C.? (ii) Whether the accused person, on the same day, time and at same place, by such rash and negligent riding of the said motor cycle, knocked down Dimbeswar Bordoloi and caused grievous hurt on his person and thereby committed an offence punishable u/s 338 of the I.P.C.? Contd...P/3.

3 (Page...3) G.R.842/11. DISCUSSION, DECISION AND REASONS THEREOF : 6. P.W. 1 Bibekananda Bordoloi, the informant, deposed that on at about 7-30 p.m., while his uncle Dimbeswar Bordoloi was going out for a walk near Elite Gas Agency, Jorhat, the accused riding his motor cycle bearing registration No. AS-03-j/7987 in a rash and negligent way, knocked down said Dimbeswar Bordoloi from behind and immediately the accused fled away leaving his motor cycle at the place of occurrence. Having come to know about the alleged accident, he along with his another uncle, namely Bikash Bordoloi, went to the accident site and finding Dimbeswar Bordoloi in injured state, shifted him to A.G. Nursing Home for medical treatment. The doctor opined that the hip joint of his uncle got separated. The injured reported him that while he was walking on the left side of the road, the motor cyclist knocked him down from his back side. Now, said injured Dimbeswar Bordoloi has already expired. He has further stated that he had not seen the said motor cyclist. Regarding the incident, he filed the ejahar. Ext.1 is the ejahar wherein Ext.1(1) is his signature. 7. In his cross-examination he has stated that he had not seen the alleged happening of the accident. He, however, denied that the alleged accident took place due to the fault of his injured uncle. 8. P.W.2 Panchumoni Bhatta deposed that he does not know the accused. About two years back, one day at about 7-30 p.m., while he was talking with some of his friends standing on the road near his house, he saw that one motor cyclist, coming from the side of Ajanta Cinema Hall, suddenly knocked down one pedestrian from behind, who was walking on the left side of Contd...P/4.

4 (Page...4) G.R.842/11. the road. Then, seeing injuries on the person of the said pedestrian, who was known to him, he informed his son about the alleged accident. The son of the injured, who accordingly arrived at the place of occurrence, took the injured to the hospital for treatment. After sometime, police arrived at the place of occurrence and seized the offending motor cycle bearing registration No. AS- 03J/7987 and he put his signature in the seizure list vide Ext.2(1). Though the motor cyclist was stopped, but in the rush of people, he fled away leaving behind his motor cycle at the place of occurrence. 9. In his cross-examination he has stated that the alleged accident site was a very busy place with heavy traffic at the relevant time. During his statements before the police, he did not state that the injured was knocked down from his backside. He also did not look at the registration number of the motor cycle. He also did not name his friends, who at the relevant time were talking with him. 10. P.W.3 Hemanta Bora deposed that he does not know the accused. Though the same took place in the year 2011, but he does not know anything about the alleged accident. At this stage, this witness was declared hostile and during cross-examination, the prosecution suggested to him that during investigation, he stated before the police that on at about 7-30 p.m. while he was proceeding on an auto from Tarajan by-pass to Baruah Chariali, one motor cycle, which followed them and while overtaking the said auto, knocked down one pedestrian and the motor cyclist fled away and on his way back to his house, police met him, and on being asked by police, he claimed to have seen the alleged occurrence. But he denied making any such statements Contd...P/5.

5 (Page...5) G.R.842/11. before the police. 11. P.W.4 Pradyut Borkotoky deposed that he does not know either the accused or the informant. In the year 2011, an accident took place near his shop and one Dimbeswar Bordoloi sustained injuries in the said accident. But he did not witness the said accident as he appeared at the P.O. after the alleged accident. 12. From the available evidence on record, it appears that though P.W.2 Panchu Moni Bhatta deposed before the Court that he saw the accident and the motor cyclist hit the injured from his back side, but he had not stated the same before the police during investigation. He also did not quote the number of the alleged motor cycle and also did not divulge the names of his friends to police, who were talking with him at the relevant time of the accident. His those fiends might have been able to corroborate his evidence. The other witnesses had not seen the alleged accident, therefore, they are not supposed to explain the circumstances under which the alleged accident had taken place. The evidence of P.W.2 is not at all corroborated by the evidence of any other witness. Therefore, his evidence cannot be the sole basis for holding the accused guilty of committing the alleged offences. 13. In view of the above facts and circumstances of the case, I find and hold that the prosecution has failed to bring home the guilt of the accused u/s 279/338 I.P.C. beyond all reasonable doubt. Therefore, accused Ratul Saikia is acquitted of the said offences and he is set at liberty forthwith. His bail bond stands canceled and the bailor is discharged from the liability. Contd...P/6.

6 (Page...6) G.R.842/ The seized motor cycle and its documents be given to the registered owner in due course. 15. Signed, sealed and delivered in the open Court on this 7th day of November,2013, at Dictated & corrected by me : Chief Judicial Magistrate, Chief Judicial Magistrate, Transcribed & typed by : P.K.Bora, Stenographer. Contd...P/7.

7 (Page...7) G.R.842/11. APPENDIX. WITNESSES FOR THE PROSECUTION : P.W.1... Sri Bibekananda Bordoloi, the informant. P.W.2... Sri Panchu Moni Bhattacharjya, P.W.3... Sri Hemanta Bora, P.W.4... Sri Pradyut Borkotoky. WITNESSES IN DEFENCE ; NIL. DOCUMENTS EXHIBITTED : Ext.1... Ejahar. Ext.2 Seizure list. Chief Judicial Magistrate,