RAMESH KUMAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The applicant has filed the instant criminal revision challenging the impugned judgment dtd. 25/9/2009 passed by the learned Additional Sessions Judge, Gariyaband, District Raipur in Criminal Appeal No. 38 of 2009 affirming the judgment of conviction and order of sentence dtd. 12/5/2009 passed by the Judicial Magistrate First Class, Raipur in Criminal Case No. 180 of 2008, whereby the applicant has been convicted for the commission of offences punishable under Ss. 304A and 337 of the IPC and was sentenced to undergo RI for 6 months and to pay fine of Rs.500.00 and in default of payment of fine to undergo additional RI for 1 month and fine of Rs.300.00 and in default of payment of fine to undergo further RI for 1 month, respectively.

(2.) The case of the prosecution, in brief, is that the applicant has been charge-sheeted alleging that on 25/5/2003 at village Kopra near Sursabandha, the bicycle which was being ridden by Tillu Verma and Bihari Lal was pillion rider was dashed by the present applicant who was driving Matador bearing registration No. C.G. 04 ZB-0612 rashly and negligently. On account of the accident, Tillu Verma died on the spot and Biharilal sustained injuries over his right knee. The matter was investigated by the police and after the investigation, the charge-sheet was filed for the offences punishable under Ss. 279, 337 and 304A of the IPC. The applicant abjured the charges and pleaded not guilty. The prosecution examined 7 witnesses and exhibited 15 documents to bring home the offence whereas, the accused examined two defence witnesses and his statement under Sec. 313 of the Cr.P.C. was recorded.

(3.) Learned Judicial Magistrate First Class by its judgment dtd. 12/5/2009 convicted the applicant for the offences punishable under Ss. 304A and 337 of the IPC and sentenced him as mentioned in the opening paragraph.