LAWS(ALL)-2013-4-71

RAMA KANT VERMA Vs. STATE OF U.P

Decided On April 30, 2013
RAMA KANT VERMA Appellant
V/S
STATE OF U.P Respondents

JUDGEMENT

(1.) Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the records.

(2.) Learned Judicial Magistrate, Court No.10, Jhansi, vide order dated 13.12.2007 passed in criminal case no.7 of 2006 (old no.3717 of 2001), State Vs. Rama Kant Verma, arising out of crime no.318 of 2001, P.S. Sadar Bazar, Jhansi, convicted the revisionist? for the offences under sections 279 and 304-A IPC. The revisionist was sentenced to undergo R.I. for six months with a fine of Rs.1000/- for the offence under section 279 IPC and R.I. for 1 year with a fine of Rs.1000/- for the offence under section 304-A IPC. Both the sentences were directed to run concurrently. The criminal appeal no.59 of 2007 preferred by the revisionist was dismissed on 27.2.2013 by Addl. Sessions Judge, Court No.1, Jhansi. Hence, this revision.

(3.) Learned counsel for the revisionist submits that according to the FIR, the accident was caused by a Tata 407 vehilce, whereas according to the witnesses Vijayram (P.W.2) and Raghuveer (P.W.3), the accident was caused by a DCM vehicle and the prosecution story is unbelievable.