AJAY KUMAR YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this criminal revision, applicant has challenged the legality and propriety of the judgment dtd. 22/11/2018 passed by Additional Sessions Judge, Kondagaon, District Kondagaon, Chhattisgarh (hereinafter referred to as "First Appellate Court") in Criminal Appeal No.34 of 2018 affirming the judgment dtd. 9/4/2018 passed by Chief Judicial Magistrate, Narayanpur, District Narayanpur, Chhattisgarh (hereinafter referred to as "Trial Court") in Criminal Case No.29 of 2016 whereby the Trial Court has convicted and sentenced the applicant/accused as under :- <FRM>JUDGEMENT_44_LAWS(CHH)11_2023_1.html</FRM>

(2.) Briefly stated facts of the case, are that, on 8/1/2016, at about 7.00 PM, applicant/ accused Ajay Kumar Yadav was driving the Mahindra Marshal vehicle bearing registration No.CG-02-2093 (hereinafter referred to as "offending vehicle" rashly and negligently on public way in front of Mahamaya Petrol Pump at village Singoditrai, Narayanpur, Chhattisgarh, as a result of which, Ramlal Sethiya (PW-5) got injured and Kamleshwar Barbasia died. Thereafter, First Information Report (Ex.P/1) was lodged bearing Crime No.3 of 2016; merg intimation (Ex.P/2) was registered at Police Station Narayanpur, on the basis of which, offending vehicle and documents were seized vide Ex.P/3; spot map was prepared vide Ex.P/5; a damaged motorcycle was seized vide Ex.P/6; panchnama of dead body of Kamleshwar was conducted and dead body was sent for postmortem; mechanic examination of offending vehicle was conducted and prepared its report vide Ex.P/8. Statements of witnesses were taken and accused was arrested. After completion of investigation, charge-sheet was filed.

(3.) The prosecution has examined injured Ramlal Sethiya (PW-5), Pradeep Kumar Vaidya (PW-1), witness of spot map as well as reporter, Lalit Thakur (PW-3), Yashwant (PW-8), Satish Kumar Majumdar (PW-2), Gaya Prasad Nag (PW-4), Pawan Kumar (PW-7), seizure witness, Ravinder Singh (PW-9), vehicle mechanic, who has examined the offending vehicle and given report vide Ex.P/8, Dr. K.K. Sori (PW-6), who has conducted the postmortem of deceased Kamleshwar and given its report vide Ex.P/7 as well as Asharam Uike (PW-10), Inspector.