JAG MOHAN SINGH Vs. STATE

JUDGEMENT

(1.) Heard Sri. Brahma Kumar Tiwari, learned counsel for the revisionist and Sri. Kaushlesh Prasad Tiwari, Brief Holder for the State. Perused the record.

(2.) This criminal revision under Sections 397 and 401, Cr.P.C., has been preferred against judgment and order dated 16.8.1993 passed by sessions Judge, Muzaffarnagar in Criminal Appeal No. 26 of 1992 (Jagmohan v. State of U.P.) dismissing the appeal and confirming judgment and order dated 23.10.1992 passed by Judicial Magistrate-1, Muzaffarnagar in Criminal Case No. 1907/9/92 (State v. Jagmohan), Case Crime No. 124/83 Police Station Purchapar, District Muzaffarnagar, convicting under Sections 279, 304-A, IPC and sentencing accused revisionist to undergo 3 months' R.I. under Section 279, IPC and one year R.I. with fine of Rs.1000/- under Section 304-A, IPC; in case of default in payment of fine, three months' R.I. directing all the sentences to run concurrently.

(3.) According to prosecution case, on 7.9. 1983 informant Chandu, his sister Chan-drawati, mother-in-law Kalyani, sister-in-law(Sali) Urva and sister-in-law(Bhawaj) were returning from Hardwar after performing immersion of ashes of his brother. They were travelling by UPSRTC bus No. U.T.L. 5841 and were coming to Muzaffarnagar. When the bus reached at a distance of 100 to 150 years ahead of police station Chhapar that bus went out of order. The passengers came down the bus. Km. Mala, aged six years, daughter of the complainant, also came down and went with her father for taking water on the other side of the road. In the meantime private bus No. D.L.P. 6863 came from the side of Muz-affarnagar which was being driven rashly and negligently. It was at about 4 p.m., that bus gave a push to Km. Mala. She sustained serious injuries and died on the spot. Complainant Chandu and several other passengers captured the driver of the bus who told his name Jag Mohan(revisionist in this case). Case was registered against revisionist under Sections 279, 304-A, IPC. Post-mortem of deceased Mala was conducted. She received nine antemortem injuries. After investigation, chargesheet was submitted. Charges were framed and prosecution examined P.W.-1 Chandu, P.W.-2 Smt. Urva, P.W.-3 Dr. Mahipal Singh, P.W.-4 Shyam Lal, P.W.-5 Constable Madan Pal Singh, P.W.6 Kaptan Singh (Investigating Officer).