MUNSHI SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) This revision is directed against a judgment and order of Mr. Vivek, the then Additional District and Sessions Judge, Court No. 6, Agra dated 07.06.2016, partly allowing Criminal Appeal No. 233 of 2013, and modifying the revisionist's conviction and sentences awarded by the Additional Chief Judicial Magistrate, Court No. 11, Agra, vide judgment and order dated 02.07.2013 in Criminal Case No. 572 of 2010, State v. Munshi Singh, acquitting him of the charge under Section 337 of the Indian Penal Code,1860 (for short "IPC"), but upholding his conviction for offences punishable under Sections 279 and 304A IPC.

(2.) Heard Mr. Anil Kumar Srivastava, learned Senior Advocate, assisted by Mr. P.N. Singh, learned counsel for the revisionist and Mr. Nitin Kesarwani, learned A.G.A. appearing on behalf of the State.

(3.) The prosecution case, set out in the First Information Report (for short "FIR"), is that on 08.06.2001, the informant, Tunda Ram, along with his son Mukesh, besides Pratap Singh, son of Sohran Singh, a native of Village - Nagla Veer Bhan, Police Station - Jagner, and another Gopi Chand, son of Bhanwar Singh, a resident of Singaich, Police Station - Jagner, District - Agra, was on way to his Village - Gopalpura. He was waiting for a conveyance at Saraindhi Chauraha. The party could not find a vehicle to undertake the journey. In consequence, they boarded a "Jugar" (an unauthorised and illegal contraption of a powered vehicle) that was headed towards Sahpau. This vehicle of sorts, stated to be driven at a high speed and negligently, overturned near the Siddh Baba Mandir, at about 12 noon. In consequence of this accident, the informant's son, Mukesh, a boy of 23 years, died on the spot. The other passengers on board the contraption also sustained injuries.