RAJENDRA Vs. STATE

JUDGEMENT

(1.) The revisionist was convicted in Criminal Case No. 164 of 1991 by Munsif Magistrate, Mirzapur on 29.5.1982 under Sec. 304A I.P.C. and sentenced to undergo rigorous imprisonment of one year and pay fine of Rs. 1,000.00. In default of payment of fine he was to undergo further rigorous imprisonment of six months. Criminal Appeal No. 69 of 1982 filed by him was dismissed on 16.2.1982 by the then IVth Additional Sessions Judge, Mirzapur. The sentence of imprisonment was, however, reduced to six months and fine to Rs. 500.00 and in default of payment of fine he was directed to undergo further one month rigorous imprisonment. He has now come to this Court in revision.

(2.) The incident is said to have been taken place on 5.6.1982 at 6 p.m. in the market of Oasba, Duddhi, Mirzapur. The revisionist was admittedly driving truck No. U.P.C. 7163. This truck was proceeding from the western side to the eastern side. Km. Saroj Kumari niece of complainant P.W. 1 Dasai Ram was going from the market to her house after purchasing some mangoes. It is said that she was at the southern end of the road when the truck collided with her causing her death at the spot. P.W. 1, Dasai Ram lodged the F.I.R. of this occurrence. The case was registered. It was investigated and in due course a charge-sheet was laid before the Court.

(3.) The first point urged in this revision is that only one witness has been examined in the case and that there is no corroboration of his evidence. From the judgment of the Appellate Court it appears that it was not disputed before it that Km. Saroj died after being crushed from the truck which was being driven by the revisionist. In this view of the matter it was not necessary that any other evidence should have been adduced to corroborate the statement of the sole witness who was an ocular witness of the incident.