BALDAU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal revision is filed against the judgment dtd. 24/1/2012 passed by the learned Sessions Judge, Kabirdham (Kawardha), C.G. in Criminal Appeal No. 17/2011, whereby the judgment of conviction and order of sentence dtd. 6/4/2011 recorded by the learned Judicial Magistrate, First Class, Kabirdham in Criminal Case No. 269/2010 wherein the applicant was convicted under Sec. 304A of IPC and sentenced to undergo S.I. for one year with fine of Rs.1,000.00, in default of payment to further undergo S.I. for two months; under Sec. 3/181 of Motor Vehicles Act imposed only fine of Rs.500.00, in default of payment to further undergo S.I. for one month, has been affirmed. However, the conviction recorded by the learned trial Court under Sec. 279 of IPC has been set aside.

(2.) The applicant was convicted by the learned Judicial Magistrate, First Class, Kabirdham (C.G.) in Criminal Case No. 269/2010 dtd. 6/4/2011 whereby the applicant was convicted for offences punishable under Sec. 279 of IPC and sentenced to pay fine of Rs.1,000.00, in default of payment to further undergo S.I. for two months; Sec. 304A of IPC and sentenced to undergo S.I. for one year with fine of Rs.1,000.00, in default of payment to further undergo S.I. for two months and Sec. 3/181 of Motor Vehicles Act and sentenced to pay fine of Rs.500.00, in default of payment to further undergo S.I. for one month.

(3.) The case of the prosecution is that, on 14/1/2010 at about 09:45 hours while the applicant was driving the tractor bearing registration No. CG 09 C 5379 and trolley bearing registration No. CG 04 ZQ 1707 rashly and negligently in village Chilamkodra-Kumharpaniya road turned it turtle because of which Sriram and Sanjay Gond sustained injuries, whereas Dharmu Jaiswal died on the spot.