RAMESH KUMAR Vs. STATE

JUDGEMENT

(1.) NOTICE, which is accepted by the learned counsel for the State.

(2.) ON 03-06-1998, a water tanker being driven at a very fast speed by the accused/ petitioner in a rash and negligent manner knocked down the pedestrian/deceased from behind who was walking on the left side of the road as a result of which the deceased received crushed head injuries. The deceased thereafter was removed to a hospital by the public gathered at the spot where he was declared brought dead by the doctor. An FIR was registered vide FIR no. 270/98 and charges were framed against the petitioner for offences u/s 279/ 304a IPC.

(3.) THE prosecution examined eight witnesses but the case of the prosecution is based on the testimony of PWl, Ct. Raj kumar, who was on patrol duty and is a crucial witness to this case being an eye witness The petitioner preferred to claim trial and lead defence evidence by way of examining DWl and got his statement recorded. After the conclusion of the trial, the Ld. MM found against the petitioner and convicted him for the aforesaid offences vide order dated 27-11-2006 and sentenced him to undergo RI for one year and to pay fine of Rs. 5,000/- and in default of payment of fine to undergo SI for one month vide order dated 30-11-2006. The petitioner assailed the said order in appeal wherein the Ld. ASJ dismissed the appeal and affirmed the order of conviction and sentence of the trial court by an order dated 07-03-2008. The present revision petition is directed against the aforesaid orders passed by the trial courts below.