YAGYAVALKYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Fir Ex-P/6 registered on the basis of merg intimation Ex-P/3 given by Mohan Sahu (PW-4) goes to show that on 10.12.2009 his two year old son died on account of drowning in the septic tank of the accused/applicant which was full of water upto the surface level. On the basis of FIR an offence under Section 304 (A) IPC was registered against the accused/applicant and the investigation resulted in charge-sheet being laid and the charge framed for the said offence.

(2.) Learned Magistrate vide its judgment dated 25.08.2011 passed in Criminal Case No.969/2011 held the accused/applicant guilty under Section 304 (A) IPC and sentenced him to undergo RI for two years. On appeal being filed there-against, the conviction of the accused/applicant remained as it is but the sentenced was reduced to RI for three months with payment of fine of Rs.5,000/- to be paid to the father of the deceased child, by judgment impugned dated 27.12.2011. Hence this revision.

(3.) Heard counsel for the parties and perused the material available on record.