PAWAN KUMAR @ PAPPU Vs. STATE OF U.P.

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 426, 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. Additional Chief Judicial Magistrate, Mathura found the applicant, Pawan Kumar alias Pappoo guilty for the said offence and convicted and sentecned him to undergo rigorous imprisonment for three months and to pay a fine of Rs. 500 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 and in default of payment of fine to undergo impresonment for one month under Section 304-A and six months rigorous imprisonment and to pay a fine of Rs. 2,000 and in default of payment of fine to undergo imprisonement for four months under Section 429, IPC. All the sentences were made to run concurrently.

(3.) AGGRIEVED by that judgment and order of the learned Sessions Judge passed in appeal, this revision petition has been filed by the applicant.