KULDEEP Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Invoking revisional jurisdiction of this Court under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter called as "Cr.P.C."), the applicant herein has filed the instant criminal revision challenging the impugned judgment dated 6-11-2004 passed by the 1st Additional Sessions Judge, Raigarh, in Criminal Appeal No. 83 of 2004 affirming the judgment of conviction and order of sentence dated 25-3-2004 passed by Judicial Magistrate First Class, Gharghoda, in Criminal Case No.664 of 2002, whereby the applicant has been convicted for commission of offences punishable under Sections 304-A and 337 of the IPC and was sentenced to undergo rigorous imprisonment for six months and fine of Rs.500/- and fine of Rs.300/-, in default of payment of fine to further undergo R.I. for one month respectively for offence under Section 337 of the IPC.

(2.) The case of the prosecution, in brief, is that the applicant herein has been charge-sheeted alleging that on 16-10-2002 at 1.00 a.m., at village Godhi, near tank, the applicant while driving the motor-cycle bearing registration No.CG13-0780 rashly and negligently caused death of Lochan Prasad Sao, which is not amounting to culpable homicide and also at the same time he caused hurt/ simple injury to Santosh endangering his life. Injured Lochan Prasad Sao was taken to hospital at Raigarh, where he succumbed to his injuries during treatment.

(3.) The matter was investigated by the concerned Police Station and after investigation charge-sheet was filed before the competent criminal Court against the applicant for commission of offence punishable under Sections 279, 337 and 304-A of the IPC. The applicant abjured his guilt and took the plea that he is an innocent and he has been falsely implicated in the offence in question.