NASEEB KHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The applicant has filed this criminal revision being aggrieved by the judgment dtd. 19/2/2013 passed by 1st Additional Sessions Judge, Mahasamund, District Mahasamund (C.G.), in Criminal Appeal No.35/2012, whereby the learned Appellate Court dismissed the appeal filed by the applicant herein against judgment dtd. 27/3/2012 passed by the learned Judicial Magistrate First Class, Mahasamund in Criminal Case No.207/2011, whereby the learned trial Court convicted the applicant under Ss. 279, 337, 304-A of IPC and Sec. 146/196 of the Motoro Vehicle Act sentencing him to pay fine of Rs.500.00, 500/-, R.I. for one year with fine of Rs.500.00, fine of Rs.500.00 and Rs.500.00, plus default stipulation, respectively.

(2.) Brief facts of the case are that on 17/8/2011, Complainant Thanuram Sahu lodged written-report at Police Station 'Tumgaon alleging therein that on 13/8/2021, when he was going along with Tejram Sahu on his motorcycle, at about 11/11/30 pm, near Gadaghat-nala, the offending vehicle jeep bearing registration No. CG-06-ZA-2008 coming from opposite direction driving the vehicle in rash and negligent manner, dashed his motorcycle, as a result of which complainant Thanuram and Tejram sustained grievous injuries. Thereafter, they were brought to Hospital at Mahasamund for treatment from where Tejram was referred to Raipur, where he succumbed to the injuries on 14/8/2021. Merg intimation 01/11 was recorded at Police station D.D. Nagar, Raipur. On the written complaint of Thanuram, an FIR bearing Crime No.196/2011 was registered under Sec. 279, 337, 304-A of IPC against the applicant.

(3.) After completion of usual investigation, charge sheet was filed against the accused/applicant under Ss. 279, 337, 304-A of IPC and Ss. 146/196 of the Motor Vehicle Act, and accordingly charges were framed by the trial Court against the accused/applicant.