LAWS(ALL)-1997-3-176

MAGALI Vs. STATE OF U P

Decided On March 13, 1997
MAGALI Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) P. K. Jain, J. List has been revised. None appears for the parties and perused the material on record. Revisionist Mangali was convicted by the Munsif Magistrate (Court No. 5) Jhansi under Section 304-A, I. P. C. and was sentenced to undergo rigorous imprisonment for a period of six months and pay a fine of Rs. 1000/- and in default of payment of fine to undergo fur ther rigorous imprisonment for a period of one month. Criminal Appeal No. 97 of 1984 preferred by the revisionist was dismissed by the Additional Sessions Judge/spe cial/economic Offences, Jhansi, vide judg ment and order dated 18-8-1984. The judg ment and order of conviction and sentence passed by the trial Court was affirmed.

(2.) FROM perusal of the memo of revision, it appears that the revision is pressed on two grounds. Firstly, that the revisionist was not named in the first infor mation report nor any test identification proceedings were held and hence the iden tity of the revisionist as being driver of the truck which caused the accident is not estab lished and secondly in the First Information Report the number of truck which caused the accident was given as U. P. G. 6311 whereas the truck which the revisionist was drivingwas U. P. G. 3611.