NARESH KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Case of the prosecution in brief is that the victim namely Rambaran, aged about 63 years had come out of his house and was standing on the way, at the same time, the applicant was riding a motorcycle bearing registration no. CG-02/2975 and came there in a rush and negligent manner and hit the victim from his back, as a result of which, the victim sustained injuries on the various parts of his body. Thereafter, the victim was admitted in PHC Ramgarh for treatment during the treatment the victim died on the hospital on 18.01.2005. Merg (Ex.P-10) was registered and on the basis of which FIR (Ex.P-9) was registered against the applicant. After registration of offence and completion of investigation the charge sheet was filed against the accused/applicant.

(2.) After examining the material available on record and the evidence of the witnesses the trial Court convicted the accused/applicant under Sections 279 and 304 (A) IPC and sentenced him to undergo RI for six months u/s. 279, RI for one year u/s. 304(A) IPC. Learned Lower Appellate Court vide impugned judgment dated 30.09.2010 passed in Criminal no. 04/2008 modified the impugned judgment and convicted the applicant only under section 304(A) IPC and sentenced him to undergo RI for six months and to pay fine of Rs. 5000/- plus default stipulation. Hence, this appeal.

(3.) Learned Counsel appearing for the applicant submits that he is not pressing this revision on merit and confining his argument to the sentence part thereof only. According to him, as the incident had taken place in the year 2005 and that he has already remained in jail for a period 8 days, no useful purpose would be served in again sending him to jail, and therefore, the sentence imposed upon him may be reduced to the period already undergone by him.