M.K. KHAN Vs. STATE OF C.G

JUDGEMENT

(1.) PRESENT revision petition is directed against the impugned judgment dated 16.3.2007 passed by the 9th Additional Sessions Judge (FTC) Raipur in Criminal Appeal No. 171/2006 modifying the judgment dated 29.6.2006 passed by the Special Railway Magistrate, Raipur in Criminal Case No. 757/1996.

(2.) BRIEF facts of the case are that an FIR (Ex. P-17) was registered by one B.K. Pahare (P.W.-24), Inspector, Police Station, Balod, on the basis of merg intimation dated 26.1.1996 (Ex. P-18). It is alleged that on 26.1.1996, an information was given by the applicant to the effect that an accident between the trolley and the goods train had taken place in between Kusumkasa and Balod railway station in which four persons namely Ramadhar, Bhagat, Ramkumar and Gajre died and seven other persons were injured. Prosecution filed charge sheet against the present applicant, one Bharatlal - trolley driver and Brijlal, trolley man for the offences under Section 175 of the Railways Act and Sections 304A and 338 of the Indian Penal Code.

(3.) THE aforesaid judgment passed by the Special Railway Magistrate was challenged by the applicant before the Additional Sessions Judge (FTC) Raipur who vide judgment impugned maintained the conviction under both the sections but altered the sentence and thereby the applicant has been sentenced to pay fine of Rs. 5,000, in default to undergo simple imprisonment for three months under Section 304A IPC and to pay fine of Rs. 500, in default to undergo simple imprisonment for 30 days under Section 175 of the Railway Act.