DEOKI NANDAN Vs. STATE OF U P

JUDGEMENT

(1.) N. B. Asthana, J. This revision has been directed against the judgment and order dated 5-12-1994 passed by Sessions Judge, Etah in Criminal Appeal No. 6 of 1994 confirming the conviction and sentence awarded by the 1st Addl. Munsif Magistrate, Etah on 21-1-1994 in case No. 452 of 1993. The Magistrate convicted the appellant under Sections 279 and 304-A, I. P. C. and sentenced him to pay fine of Rs. 500 under Section 279, I. P. C. and to undergo imprisonment for one year and pay fine of Rs. 4000 for the offence under Section 304-A, I. P. C. A sum of Rs. 3,000 was awarded as compensation to the first informant.

(2.) IT appears that on 30-9-1989 Surendra Singh aged about 16 years son of the complainant was going to school from his village. When he was go ing on the road Tractor UPT No. 8327 which was being driven by the revisionist negligently and carelessly dashed against Surendra Singh which resulted in his death. F. 1. R. was lodged and in due course charge sheet was submitted against him.

(3.) THE trial court in its judgment has discussed the prosecution evidence in detail and has also given reasons for coming to the conclusion that the tractor was being driven rashly and negligently. THE contention on behalf of the revisionist was that the accident had taken place with some other vehicle and since the tractor was found parked near the place of incident he was falsely roped in. In sole point for determination before the trial court was as to whether the accident had taken place with the tractor in question or with some other vehicle. THE trial court has considered this aspect and has given cogent reasons for coming to the conclusion that the accident took place with the tractor in question when it was being driven rashly and negligently. On merits nothing can be said against the judgment of the two courts below.