LAWS(ALL)-2008-5-129

RAM CHANDRA Vs. STATE OF U P

Decided On May 28, 2008
RAM CHANDRA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) -Revisionist Ram Chandra was the driver of U. P. S.R.T.C. Bus No. U.P. 07A-791. On 23.6.1992 at about 1 p.m. he accidented his aforesaid bus with a Scooter No. U.P. 015 B-0400. Subsequently, the plier of the scooter Pramod Jaiswal lost his life in the hospital.

(2.) IN respect of the said incident an F.I.R. was lodged against the revisionist as Crime No. 298/92, under Sections 279, 338, 427 and 304A, I.P.C., P. S. Dauraia, District Meerut.

(3.) THE said Samim Bano P.W. 5 supported the prosecution version in full and finding the prosecution case proved to the hilt that the C.J.M., Meerut vide his order dated 7.7.2004, convicted the revisionist under Sections 279, 338, 427 and 304A, I.P.C. and sentenced him to one month imprisonment with a fine of Rs. 200 on the first count, two month's imprisonment and a fine of Rs. 200 on the second count, two month's imprisonment with a fine of Rs. 200 on the third count and three month's imprisonment with a fine of Rs. 4,000 on the last count. Out of the aforesaid amount, Rs. 3,000 was ordered to be paid as compensation to the heirs of the deceased and Rs. 1,000 was ordered to be deposited in the State Treasury. In default of payment of fine on the first three counts, revisionist was ordered to undergo 7 days further imprisonment for each of the counts and in default of payment of fine under Section 304A, I.P.C. he was directed to further undergo one month further imprisonment. It was also ordered that but for the sentence in default of payment of fine, rest of the sentences shall run concurrently.