RAMCHARAN Vs. STATE OF M P

JUDGEMENT

(1.) Judgment of conviction and order of sentence dated 5-10-90 was passed by Judicial Magistrate First Class, Janjgir, in Criminal Case No. 128/98 whereby applicant was held guilty for committing offence punishable under Section 304-A of the I. P. C. and was sentenced to undergo R. I. for 1 (one) year and to pay a fine of Rs. 500/- with default stipulation. The legality of conviction and sentence was challenged in Criminal Appeal No. 111/90. Additional Sessions Judge, Sakti, Camp at Janjgir, vide judgment dated 23-12-95 sustained conviction and sentence passed by the trial Court. Hence, this revision.

(2.) Factual matrix of the case, in brief, is that on 13-3-1988 when Suniram Yadav and Gangaram were going to BALCO on motorcycle bearing registration No. WBN 4317, on way the driver of truck bearing No. CPL 6684 driving the truck in a rash and negligent manner dashed the motorcycle driven by Suniram Yadav and fled away from the spot. Gangaram received severe injuries and was taken to hospital were he succumbed to injuries. Suniram Yadav lodged the report. Investigation took place. Applicant was found driving the fateful vehicle rashly and negligently and thereby causing the accident, therefore, he was prosecuted under Section 304-A of the I. P. C. On the strength of eye-witnesses Suniram Yadav (PW/2) and Makhan Singh (PW/3), the trial Court convicted and sentenced the applicant and appellate Court too relying on both these witnesses confirmed the conviction and sentence.

(3.) Learned counsel for the applicant contended that both the Courts below did not appreciate the evidence properly and appreciation of evidence done by both the Courts below is perverse. Negligence on the part of the applicant was not proved by the prosecution, even then both the Courts below convicted and sentenced the applicant. Learned counsel for the State supported the judgments of both the Courts below.