DEVENDRA KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) This revision has been preferred against the conviction and sentence imposed by Additional Sessions Judge, Court No. 4, Hamirpur in Criminal Appeal No. 02 of 2004 (Devendra Kumar Vs. State) under Sections 229, 304A and 338 I.P.C, Police Station Lalpura, District Hamirpur arising out of Case Crime No. 111/1991, dismissing the appeal of the appellant and confirming the sentence awarded by Civil Judge (Junior Division) / Magistrate 1st class, Hamirpur on 17..01.2004 in criminal case no. 121 of 2003 convicting the revisionist under Section 279 I.P.C. for three months R.I., under Section 304A I.P.C. for six months R.I. and under Section 338 I.P.C. for four months R.I.

(2.) Brief facts of the case are that on 29.12.1991 at about 8 O'clock the son of the complainant namely Sushil aged about 13 years was going for tuition. Suddenly, near the Government Ayurvedic Hospital, Pauthia about six feet away from the National Highway when he was walking on the Kacchi Patri, a truck bearing no. CPK 4911 on which sand was loaded, the driver driving the truck in rash and negligent manner hit Sushil. The body of Sushil was seriously injured due to which he died on the spot.

(3.) Balbir and Rajesh Kumar was present on the spot who saw the incident and tried to catch the driver of the truck but he fled away with the truck. The report was lodged on 29.12.1991, on the basis of which the case was registered. The investigating officer has investigated the case and submitted charge sheet against the revisionist. Charges were framed against the accused who pleaded not guilty and claimed trial.