SHIV CHARAN SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present Revision petition is directed against the judgment and order dated 31.03.2004 passed by First Additional Sessions Judge, Sessions Division, Raigarh, District Raigarh, in Cr.A. No.177/2003 affirming the judgment and order dated 01.11.2003 passed by Judicial Magistrate First Class, Raigarh in Criminal Case No.35/2003 convicting the applicant under Section 304-A of IPC and sentencing him to undergo R.I. for five months and to pay fine of Rs.600/-, in default of payment in fine amount to further undergo additional R.I. for one month.

(2.) Brief facts of the case are that on 13.02.2002 at about 6.00 PM, when Shyam Kumar was crossing the road, the applicant driving the Truck bearing registration No. CG-02/0783 in rash and negligent manner dashed Shyam Kumar and fled from the spot, as a result of which Shyam Kumar sustained grievous injuries over his head and chest. Injured Shyam Kumar was immediately taken to hospital where he was declared to be dead. Dehati nalisi (Ex.P/1) was recorded and thereafter F.I.R. was registered against the applicant under Section 304-A IPC.

(3.) After investigation, charge sheet was filed against the applicant under Section 304-A of IPC and accordingly the charge was framed against him by the trial Court.