SURENDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (in short 'the Code') Applicant has challenged the legality and propriety of the judgment dated 4/2/1999 passed by Second Additional Sessions Judge, Rajnandgaon in criminal appeal No. 46/98 affirming the judgment of conviction and modifying the order of sentence dated 20/4/1998 passed by Judicial Magistrate First Class, Rajnandgaon in criminal case No. 391/97 whereby and where under after holding the Applicant guilty for the commission of offence punishable under Sections 279, 337, 338 & 304A of the Indian Penal Code and sentenced simple imprisonment for 6 months and fine of Rs. 500/-, simple imprisonment for 6 months and fine of Rs. 500/-, simple imprisonment for 6 months and fine of Rs. 500/- & simple imprisonment for 6 months and fine of Rs. 500/-, while maintaining the conviction and sentence under Sections 304-A, 337 & 338 of the Indian Penal Code Second Additional Sessions Judge, Rajnandgaon has modified and quashed the separate sentence of simple imprisonment for 6 months and fine of Rs. 500/- passed for offence punishable under Section 279 of the Indian Penal Code has been set-aside.

(2.) As per case of the prosecution, on 27/7/1994 at about 9:00 A.M. present Applicant was driving Mini Bus bearing registration No. MP-24-C/1602 in public place. While driving the vehicle rashly and negligently, he caused accident of Mini Bus near Bagdai Bridge resulting into death of Sonbai, Sukwarobai, Vandana & Beeju Nair, caused grievous injury to Arun Shukla, Mahesh & Ku. Pramila and simple injury to Jyoti, Sunita, Pravesh, Harishankar, S.P. Govardhan, Dilip Kumar, Devkibai, Bhuvneshwar, Alka, Sharad & Afzal Khan. First Information Report was lodged vide Ex. P-44. Marg intimation was recorded. Autopsy of dead persons namely Sonbai, Sukwarobai, Vandana & Beeju Nair were conducted and injured witnesses were also examined by doctors. Damaged Mini Bus was seized vide Ex. P-l. Papers relating to vehicle i.e. Mini Bus was seized vide Ex. P-2. After completion of the investigation, charge sheet was filed before Chief Judicial Magistrate, Rajnandgaon, case was subsequently transferred to Judicial Magistrate First Class, Rajnandgaon.

(3.) After providing an opportunity of hearing to the parties learned Judicial Magistrate First Class, Rajnandgaon convicted and sentenced the Applicant as aforementioned, same was challenged before the Second Additional Sessions Judge, Rajnandgaon, while maintaining the conviction and sentence for other offences Second Additional Sessions Judge, Rajnandgaon has quashed the separate sentence of simple imprisonment for 6 months and fine of Rs. 500/-under Section 279 of the Indian Penal Code.