BANSHILAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this revision petition, the applicant has challenged the legality & propriety of the appellate judgment dated 29.1.1996 passed by the Sessions Judge, Raipur, in Criminal Appeal No.33/90, affirming the judgment of conviction & order of sentence dated 3.2.1990 passed by the Judicial Magistrate First Class, Raipur, in Criminal Case No.947/89, whereby & whereunder learned Judicial Magistrate First Class after holding the applicant guilty for causing death by rash and negligent act of Bhauram @ Sadhuram, convicted under Section 304A of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs.2000/-, in default of payment of fine to further undergo rigorous imprisonment for two months.

(2.) Judgment is challenged on the ground that the trial Court has failed to exercise the jurisdiction vested on it by not considering unchallenged statements/evidence of the defence witnesses and thereby committed illegality.

(3.) Brief facts necessary for disposal of this revision petition are that according to the case of the prosecution, on 15.9.86 at about 6 a.m., the applicant was driving the truck bearing registration number M.P.N.-5292 rashly and negligently and dashed to hotel and deceased Bhauram @ Sadhuram, who was present in the hotel and caused his death. Lakhanlal (PW-1) immediately lodged the F.I.R. vide Ex.P/1. Merg intimation was also recorded vide Ex.P/8. Investigating officer proceeded for the scene of occurrence and after summoning the witnesses vide Ex.P/9, inquest over the dead body of the deceased was prepared vide Ex.P/2. Dead body of the deceased was sent to Government Hospital, Rajim vide Ex.P/4A. Autopsy was conducted by Dr.Badri Vishal Gupta (PW-5) vide Ex.P/4 and found fracture of scalp bone, ribs and other injuries. Spot map was prepared by patwari vide Ex.P/5. Truck loaded with cement and other documents including driving licence of the applicant were seized vide Ex.P/7. Vehicle was examined vide Ex.P/11 and excel was found broken.