DINESH CHANDRA RAWAT Vs. STATE OF U.P.

JUDGEMENT

(1.) Instant criminal revision has been directed against the impugned judgement and order dated 23.10.2008, passed by the learned Sessions Judge, Lucknow, in Criminal Appeal No.254 of 2008, which was filed against the judgement and order passed by learned Special Chief Judicial Magistrate (Custom), Lucknow, in Criminal Case No.1400 of 1999, arising out of Case Crime No. 671 of 1998, Under Section 279/304A, IPC, Police Station Ghazipur, District Lucknow, whereby learned Special Chief Judicial Magistrate (Custom), Lucknow, hold guilty to the accused revisionist, Dinesh Chandra Rawat, under Section 304A and was sentenced six months imprisonment and fine of Rs. 2,000/and under Section 279 IPC the revisionist was also sentenced two months imprisonment and fine of Rs. 1,000/-. In default of payment of fine the revisionist shall further undergo one month additional imprisonment. Learned Magistrate further directed that both the sentence shall run concurrently.

(2.) The fact given rise to this revision are as under:-

(3.) On 12.12.1998 at 5.10 P.M. in the evening complainant Sri Hem Chendra Chaudhary was coming back for his home along with his wife Smt. Anita Chaudhary and his son Master Prateek Chaudhary and when they were at the point of turning at the white house situated on the ring road, revisionist accused came rashly and negligently driving truck No.U.T.Z7439 and dashed his son Master Prateek Chaudhary.