OM PRATAP SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This revision by a convict is directed against the judgment and order dated 27-9-1983, passed by IV Additional Sessions Judge, Rae Bareli, dismissing the Criminal Appeal No. 136 of 1983 and confirming the order of conviction and sentence, passed by Judicial Magistrate, Rae Bareli under Sections 279 and 304A of the Indian Penal Code.

(2.) Briefly speaking, the facts giving rise to this revision are that a little before sunset on 13-1-1980, the victim Krishna Kumar was going on his cycle on the road between Rabpura bridge and Sabzigaon within the Circle of Police-Station Khiron, district Rae Bareli. A Roadways bus bearing No. UTD 7071, driven by the revisionist Om Pratap Singh came from behind and hit Krishna Kumar, causing his death on the spot. The written-report of this incident was lodged by Nand Kumar (brother of the victim) at P. S. Khiron at 9.30 a.m. on the next day, i.e. 14-1-1980. The investigation followed and the revisionist was put on trial in connection with offences under Sections 279 and 304A, I.P.C. The learned Magistrate after considering the evidence produced before him, came to find the revisionist guilty of the offences under Sections 279 and 304A, I.P.C. and sentenced him to undergo three months' R.I. under the first count and six months' R.I. under the second count, both sentences to run concurrently. Aggrieved by this decision of the learned Magistrate, an appeal was carried by the convict Om Pratap Singh to the Court of Session and this appeal gave rise to Criminal Appeal No. 136 of 1983. This appeal was heard and dismissed on 27-9-1983 by IV Additional Sessions Judge, Rae Bareli. Not satisfied with this order of dismissal passed in his appeal, Om Pratap Singh preferred revision to this Court.

(3.) I have heard the learned counsel for the revisionist as also the learned Government Advocate and perused the record.