BANTA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Noor Mohammad, learned counsel for the appellant and Sri L.D. Rajbhar, learned A.G.A., for the State.

(2.) This appeal is directed against the judgment and order dated 26.5.2010 passed by learned Addl. Sessions Judge/Fast Track Court No. 2, Kushinagar at Padrauna in S.T. No. 97 of 2006 (State Vs. Banta Singh) whereby accused/appellant Banta Singh was convicted for the offences punishable under Sections 304 Part II, Indian Penal Code (hereinafter referred to as 'IPC') and was sentenced to rigorous imprisonment for a period of 10 years and to pay fine of Rs. 15,000/- and in default of payment of fine a simple imprisonment for another six months.

(3.) Brief facts of the prosecution case are that on 4.8.2005 at about 9:15 PM, Incharge ARTO Kushinagar Sanjay Kumar Jha alongwith other Enforcement Staff was checking over load and unauthorized vehicle plying on the road near Fazil Nagar on the direction of Transport Commissioner. The driver of Truck No. PB 13 L 9513 was driving the vehicle very rashly from Tamkuhiraj to Kasia. Member of the Enforcement Staff tried to stop the Truck driver by making signal but Truck driver did not stop the Truck and attempted to damage the vehicle of Enforcement Staff. Driver of checking party chase the Truck upto 3 KM then Truck driver stopped the Truck. Constable Enforcement Staff Kabir Ahmed went near the Truck and demanded necessary papers from the Truck driver relating to vehicle for verification. As soon as, Constable Kabir Ahmad reached near the Truck, Truck driver had crushed the Constable Kabir Ahmad by running the Truck on him, due to which Constable Kabir Ahmad died on the spot. Incharge ARTO Sanjay Kumar Jha informed the District Magistrate, Kushinagar and Regional Transport Officer, Gorakhpur about the occurrence. He also chased the Truck. At about 5 KM distance from the spot, Truck driver stopped the Truck in the mid of the road and fled away due to dark night. They could not apprehend the Truck driver.