MANOJ Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this criminal revision, petitioner challenged the legality and propriety of the judgment dated 16-3-2010 passed by Additional Sessions Judge (FTC), Dhamtari in Criminal Appeal No. 6/2010, affirming the judgment of conviction and order of sentence dated 1-2-2010 passed by Judicial Magistrate First Class, Nagri in Criminal Case No. 682/08 whereby and where under after holding the petitioner guilty for the offence punishable under Section 304-A of the Indian Penal Code and under Section 146 read with Section 196 of the Motor Vehicles Act, 1988 and sentenced rigorous imprisonment for 3 months and fine of Rs. 200/- in default rigorous imprisonment for 2 days and fine of Rs. 500/- in default simple imprisonment for 5 days.

(2.) Judgment is impugned on the ground that without any clinching and credible evidence Court below has convicted and sentenced the petitioner and affirmed the conviction and sentence thereby committed an illegality.

(3.) Brief case necessary for disposal of this criminal revision is, on 28-11-07 at about 6 p.m. petitioner was driving the tractor No. C.G. 05 B 6862 and by his rash and negligent act caused homicidal death not amounting to murder Jai Singh, First Information Report was lodged, offence was investigated and charge-sheet was filed before the Judicial Magistrate First Class, Nagri. After trial, learned Judicial Magistrate First Class, Nagri convicted and sentenced the petitioner as aforementioned. Conviction and sentence was challenged before the Additional Sessions Judge (FTC), Dhamtari who has affirmed the conviction and sentence vide judgment impugned.