KAUSHAL PRASAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 23-12-2003 passed by Additional Sessions Judge, Janjgirin Criminal Appeal No. 114/1998 af-firming the judgment and order dated 28-4-1998 passed by Judicial Magistrate First Class, Janjgirin Criminal Case No. 253/1994 convicting the accused/applicant under Section 304-A, IPC and sentencing him to undergo RI for six months and pay fine of Rs. 1000/-, in default of payment of fine to further undergo SI for one month.

(2.) Facts of the case in brief are that on 22-3-1994 FIR Ex. P-2 was lodged by Punudas (PW-3) alleging that on that day when Maituram Gond was exploding rocks in the mine under the lease granted to Punudas by virtue of being deployed by the accused /applicant, he met with an accident. Based on this report, offence under Section 304-A, IPC was registered against the applicant and post moretm examination on the body of deceased was conducted on 22-3-1994 itself vide Ex. P-5 by Dr. S. R. Tharwani (PW-11) and according to him cause of death was shock and external and internal haemorrhage due to the injury sustained by him. After completion of investigation, charge-sheet was filed on 7-5-1994 for the offence under Section 304-A, IPC.

(3.) In support of its case the prosecution has examined 12 witnesses. Statement of the accused/applicant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charge levelled against him and pleaded his innocence and false implication in the case.