RAMBAHADUR SHERPA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal revision has been preferred by the applicant invoking revisional jurisdiction of this Court under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (for brevity "Cr.P.C.") challenging the judgment of conviction and order of sentence dtd. 6/1/2020 passed by Seventh Additional Sessions Judge, Bilaspur in Criminal Appeal No.211/2019 whereby the appellant has been convicted and sentenced as under:- Conviction Sentence Sec. 304-A of IPC RI for one year Sec. 279 of IPC Ri for one month and fine of Rs.500.00 Sec. 192-A of Motor Vehicle Act RI for three months and fine of Rs.3000.00,

(2.) Station House Officer, Ratanpur, Bilaspur charge sheeted the applicant herein alleging that on 2/2/2015 the applicant while driving the offending truck bearing registration No. H.R.-26-6731 rashly and negligently caused death of Abhishek Shrivastava which is not amounting to culpable homicide. The applicant abjured his guilt and took the plea that he is innocent and has been falsely implicated in the offence.

(3.) During the Course of trial, the prosecution examined as many as 8 witnesses and exhibited 7 documents to bring home the offence, whereas the defence neither examined any witness nor exhibited any document in support of its defence.