LIYAKAT Vs. STATE OF U P

JUDGEMENT

(1.) THE accused Liyakat was held guilty on the charge under section 304-A and 279 IPC. He was sentenced to undergo 1 1/2 years R. I. and 6 months on the charges under section 304 -A and 279 IPC respectively. THE order of conviction and sentence was passed by the Sessions Judge, Mirzapur on 2-8-79.

(2.) THE prosecution case started on the basis of written FIR lodged by Sri Achutanand at P. S. Robertsganj, Distt. Mirzapur on 2-7-73 at 10.45 A. M. He has alleged that the occurrence took place on 2-7-73. THE accused was the driver of trunk no. UTD 2819. THE truck was attached to a company located at Luuknow and it was used for transporting empty cement bags of Rupa Rail Company Lucknow and which were unloaded at Cement Factory, Churk. THE deceased also carried on a competitive business of the same nature and his truck was attached to the gunny bag agency at Robertsganj. On 2-7-73, the complainant was sitting near a restaurant, where exchange of hot words took place between the deceased Mata Sewak and the accused and allegedly the accused threatened to finish the deceased Mata Sewak soon on the same day. THE deceased proceeded towards Robertsganj on a motorcycle. THE accused closely followed him and after covering a distance of about a mile, within the boundaries of village Kasauli, the accused over-ran his truck on the motorcycle of the deceased and crushed him on the spot. He wanted to run away with the Truck but as the motorcycle got entangled in the rear shaft of the truck, he left the truck on the spot and ran away. THE complainant learnt about the incident within an hour thereafter and after seeing the dead body, he collected information from Kanhiya Lal (PW 6) and Golai (now dead). THEreafter he lodged the report and the prosecution machinery started functioning.

(3.) BEFORE the learned Sessions Judge, the prosecution pressed on the charge under section 302 IPC and in the alternative for the charge under sections 304-A and 279 IPC. The learned Sessions Judge was rightly convinced that the case under section 302 IPC was not made out. He found that there was no motive for the murder. Accordingly, he aquitted the accused of the charge under section 302 IPC. However, he convicted the accused on the charge under sections 304-A IPC and 309 IPC and sentenced him as noted above.