ASHOK KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal revision, preferred by the revisionist u/s 397/401 of Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 26.05.2011 passed by the Judicial Magistrate, Kashipur, in Criminal Case No.1464 of 2010, whereby the learned Magistrate convicted the revisionist under Section 279 IPC and sentenced him six months R.I. and with a fine of Rs.500/- and also convicted under Section 304-A of IPC and sentenced him six months R.I. and with a fine of Rs.500/- as well as the judgment and order dated 30.04.2012 passed by the Sessions Judge, U.S. Nagar in Criminal Appeal No.71 of 2011, Ashok Kumar v. State, whereby the learned Sessions Judge dismissed the appeal and affirmed the order passed by the Lower Court.

(2.) Brief facts of the present case show that the revisionist was a driver bearing the Bus No. UP 24-2053. The revisionist was driving the said vehicle negligently due which the accident took place, accordingly, Chick FIR was lodged at Police Station Kashipur on 06.12.1996. After the investigation, charge sheet was submitted; accordingly, cognizance was taken after giving necessary copies to the revisionist as provided under Section 207 Cr.P.C., statement of revisionist was recorded, who pleaded not guilty and claimed to be tried.

(3.) On this prosecution got examined PW1 Rajender Singh, PW2 Chhote, PW3 Dr. Y.S. Rawat, PW4 Jagdish Kanyal.