PAWAN KUMAR SHARMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The facts giving rise to this revision petition are that the applicant. Pawan Kumar alias Pappoo, was prosecuted for an offence under Sections 279, 304 and 429 IPC for having driven truck bearing registration No. RMB 1679 in a rash and negligent manner at about 4.00 A.M. On 12-3-1987 near village Gosna at Mathura Raya Road hitting a bullock cart, as a result of which Satyvir and a buffalo of that cart died at the spot and another person travelling in that cart, i.e. Pooran Singh also sustained injuries.

(2.) The trial court, i.e. Addl. Chief Judicial Magistrate, Mathura found the applicant. Pawan Kumar alias Pappoo guilty for the said offence and convicted and sentenced him to undergo rigorous imprisonment for three months and to pay a fine of Rs. 500.00 and in default of payment of fine to undergo imprisonment for one month under Section 279 IPC, six months rigorous imprisonment and a fine of Rs. 500.00 and in default of payment of fine toundergo imprisonment for one month under Section 304-A and six months rigorous imprisonment and to pay a fine of Rs. 2000.00 and in default of payment of fine to undergo imprisonment for four months under Section 429 IPC. All the sentences were made to run concurrently.

(3.) The appeal filed before the learned Sessions Judge, Mathura being Criminal Appeal No. 40 of 1993 was dismissed and conviction and sentence passed by the learned Addl. Chief Judicial Magistrate was confirmed vide judgement and order dated 28-6-1995.