MANJU BARADIA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant being aggrieved by the judgment dated 23rd March, 2001 passed in Criminal Appeal No. 326/99 by the learned Sessions Judge, Raipur, confirming the conviction of the applicant under Section 304-A read with Section 201, I.P.C. recorded by the learned Judicial Magistrate, First Class, Raipur in Criminal Case No. 349/98 on 3-8-99, has filed this revision petition.

(2.) . It is to be noted that the learned trial Judge after convicting the applicant under S. 304-A, I.P.C. awarded 11/2 years R.I. and imposed fine of Rs. 1,000/- and in default of payment of fine to undergo further R.I. for three months and, awarded six months R.I. and imposed fine of Rs. 500/- and in default of payment of fine to undergo further R.I. for one month, for offence under Section 201, I.P.C. But the learned appellate Court partly allowed the appeal; while upholding the conviction, the learned Sessions Judge reduced the jail sentence awarded under Section 304-A, I.P.C. from 11/2 years to 1 year and, 6 months to 3 months for offence under Section 201, I.P.C.; but maintained the imposition of fine for each offence.

(3.) . The prosecution case in brief is that the applicant/accused did not possess regular/permanent driving licence but was carrying a learner licence. On 9-9-94, the accused/applicant brought out her Fiat NE Car from her house on the main road in the reverse gear and while proceeding on the main road dashed a scooter which was being driven by the deceased-Sanjeev; as a result of which the deceased suffered grievous injuries and the pillion rider who was also carrying a gas cylinder in his lap suffered certain injuries. Immediately thereafter, the deceased was taken to a nearby clinic, from where he was taken to D. K. Hospital; but before any assistance could be provided to the deceased, he died. Dehati Nalishi was lodged by P.W. 1 Kishore Kumar Jaiswal. After receiving the information the police proceeded with the investigation, prepared the memo of dead body, seized the scooter, the said Fiat NE Car, driving licence carried by the accused, prepared spot-map, registered the F.I.R., the statements of the witnesses were recorded and the post-mortem report was also obtained. After completing the investigation, the police agency filed challan before the competent Court. The accused denied the commission of the offence, therefore, was put to trial. The learned trial Court convicted and sentenced the accused as referred to above, therefore, the accused took up the matter in appeal. The appellate Court while maintaining the convictions, reduced the jail sentences as detailed above, therefore, the accused has come to this Court.