BUDDHU Vs. STATE OF U P

JUDGEMENT

(1.) VIRENDRA Saran, J. Buddhu has preferred this revision against the judg ment and order dated 7th February, 1983 of Sri D. K. Agrawal, Special Judge, Banda in Criminal Appeal No. 133 of 1982 dis missing the appeal against the judgment and order dated 25th November, 1982 of the 3rd Additional Munsif-Magistrate, Banda. The applicant has been convicted under Section 279, I. P. C. and sentenced to six months' R. I. and a fine of Rs. 500/- and under Section 304-A, I. P. C. to one year's R. I. and fine of Rs. 2,000/ -.

(2.) ACCORDING to the prosecution case the incident took place on 8th April, 1981 at about 6. 00 p. m. at Bus stop Barokhar Bujurg. It is alleged that informant Shyam Lal had gone there to fetch his relative Babu Ram, his nephew Lakhan Lal and another relative Ram Kumar and Ram Chandra had also gone there at the Bus slop. Babu Lal alighted from a Roadways Bus at the Bus stop. At that very time Bus No. USE 1310 came from the side of Naraini moving with great speed, without blowing horn and knock down Babu Lal. The driver of the Bus did not stop and fled away in the Bus. The informant carried Babu Lal in another Bus for treatment but eventually Babu Lal dies.

(3.) IN the result the revision is allowed. The conviction and sentences of the ap plicant are set aside. He is on bail. He need not surrender. The bail bonds are dis charged. Revision allowed. .