SALIK RAM Vs. STATE OF C.G.

JUDGEMENT

(1.) Applicant has filed this revision petition challenging the legality, propriety and correctness of the impugned judgment dtd. 31/3/2016, passed in Criminal Appeal No.42/2016, whereby the learned 1st Additional Sessions Judge, Janjgir, District JanjgirChampa has maintained the judgment of conviction and sentence dtd. 9/12/2005, passed in Criminal Case No.509/2005, by the Court of Judicial Magistrate First Class, Janjgir, District - Janjgir-Champa U/s. 304-A of the I.P.C. and sentenced him to undergo S.I. for 6 months years and fine of Rs.500.00 with default stipulation.

(2.) Case of the prosecution in brief is that on 17/8/1997 Ravi Kumar Singh informed the complainant- Bhagwan Singh that his nephew son-in-law Gopal Singh was dashed by applicant by the Mini Bus bearing No. MP-26C-5480 driven by him rashly and negligently at Mulmula square. Injured was admitted to the hospital and during the course of treatment, he died. Matter was reported to the concerned police station based upon which FIR was registered against applicant for the offence punishable under Sec. 279 and 337 of the Indian Penal Code. After investigation, chargesheet was filed against applicant under Sec. 304-A of Indian Penal Code.

(3.) Applicant was charged with the offence under Sec. 304-A of the Indian Penal Code. Applicant denied the charge and prayed for trial. Prosecution examined as many as 9 witnesses on its behalf namely Indrapal Singh (P.W.-1), Bhagwan Singh (P.W.-2), Aniruddha Singh (P.W.-3), Jagat Ram (P.W.-4), Vijay (P.W.-5), Jal Mohammad (P.W.-6), Pheku Singh (P.W.-7), Ashish Kumar (P.W.-8) and Dulendra Kumar Singh (P.W.-9). Statement of applicant was recorded under Sec. 313 of Cr.P.C. wherein he denied all incriminating evidence appearing against him, pleaded innocence and false implication. No witness was examined in defence.