ASHRAF ALI Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision has been preferred against the judgment and order dated 21.02.1990 passed by Sessions Judge, Kanpur Dehat in Criminal Appeal No. 56 of 1989 arising out of judgment and order dated 01.09.1989 passed by Judicial Magistrate -I, Kanpur Dehat in case no. 173 of 1986 in case crime no. 63 of 1985, State vs. Ashraf Ali, under Sections 279 and 304 I.P.C., P.S. Chaubey Pur, District Kanpur Dehat convicting the appellant under Section 279 I.P.C for six months R.I. and a fine of Rs. 1000/ - with default stipulation and further convicting him under Section 304A I.P.C. for one hand half years R.I. and fine of Rs. 2000/ - with default stipulation.

(2.) ACCORDING to the first information report the accused who was driver of U.P. Roadways bus bearing no. UTI 3757 from Bilhaur to Kanpur. The mother of the informant was coming back from market to her home. The bus hit her due to which she died on the spot at about 08:00 P.M. on G.T. Road. The accused tried to fled away with the bus towards Kanpur but could not do so as the S.O. and two constables and witnesses who were standing near the tempo stand chased and apprehended the driver, being the present accused. Written report was lodged. Investigation was started and charge sheet was submitted against the accused. Charges were framed against the accused who pleaded not guilty and claimed trial.

(3.) THE prosecution examined Rakesh as PW -1 and Devi Gulam as PW -2. The genuineness of all the documents was admitted by the defence counsel.