KAUSHAL KUMAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this revision is to the judgement of conviction and order of sentence dtd. 2/3/2006 passed by the First Additional Sessions Judge, Kanker, District Kanker (C.G.) in Criminal Appeal No. 68/2005 whereby the learned Additional Sessions Judge has affirmed the judgement of conviction and order of sentence passed by the Judicial Magistrate First Class, Kanker, District Kanker in Criminal Case No.34/2004 dtd. 2/8/2005 whereby & whereunder learned trial judge after holding the accused/applicant guilty of offence, convicted him under Sec. 304-A of the IPC and sentenced to undergo rigorous imprisonment for one year & to pay a fine of Rs.1000.00, in default of payment of fine to further undergo rigorous imprisonment for three months.

(2.) The impugned judgement is challenged on the ground that without any clinching evidence, learned trial Court has convicted and sentenced the applicant in the aforesaid manner and thereby committed illegality.

(3.) Case of the prosecution, in brief, is that on 12/9/1999 at about 4-00 O'clock in the evening at main road of Village Nathiyanawagaon, one Tata 407 Truck bearing registration No. MP 23 D/8708 which was driven by the accused/applicant towards Raipur in a rash and negligent manner dashed a girl namely, Dipika who was standing beside the road. She sustained grievous injuries on her body. The matter was reported to the police and the police registered an offence under Sec. 279 and 337 of the IPC against the applicant. Thereafter, the injured Deepika was admitted to K.D. Hospital, Kanker for treatment from where she was referred to Christian Hospital, Dhamtari but she died on the way. On the basis of morgue intimation, a case bearing No.62/1999 was registered against the applicant in Police Station, Kanker apart from under Sec. 279,337 of IPC, Sec. 304-A of IPC was also added. After completion of investigation, charge sheet was filed before the Judicial Magistrate First Class, Kanker.