ROTASH @ ROHTASH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal revision is directed against the judgment and order dated 14.03.2019, passed by learned Addl. Sessions Judge, Ramnagar, District Nainital, in Criminal Appeal no. 20 of 2018, Rotash @ Rohtash vs State of Uttarakhand, whereby the conviction and sentence awarded against the revisionist by the Addl. Chief Judicial Magistrate, Ramnagar, District Nainital, vide judgment and order dated 28.07.2006, in criminal case no. 190 of 2015 has been affirmed.

(2.) Prosecution story in brief is that complainant Jakir Hussain lodged a report with police station Ramnagar, alleging therein, that on 21.12.2014 when his brother Mohd. Nazir was returning to his house from Nai Basti Gularghati towards Ramnagar Bazar, at about 01:40 P.M., a truck, bearing registration no. U.K. 06 C.A. / 3090, which was being driven rashly and negligently by its driver, hit Mohd. Nazir (brother of complainant), Bilal Raza, Anand Singh, Bhuwan Chandra, Rihan Raza and Ram Kishan, as a result of which brother of the complainant and Bilal Raza died on the spot and the vehicles on which they were riding got badly damaged. Complainant has named Rohtash s/o Changa, r/o Subhash Nagar, Bazpur was driving the truck involved in the accident.

(3.) On the basis of said report, FIR.no. 374 of 2014 was registered against the accusedrevisionist in respect of offences punishable under Sections 279, 337, 338, 304A, 427 of IPC at P.S. Ramnagar, District Nainital. After completion of investigation, the Investigating Officer filed charge sheet against the accused-revisionist in respect of selfsame offences. Charge in respect of selfsame offences were framed against the accusedrevisionist. As many as 13 witnesses were examined by the prosecution, in order to prove its case. In reply to the statement recorded under Section 313 Cr.P.C., accused-revisionist pleaded not guilty and claimed to be tried.