ANIL JOSHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicant has filed the present criminal revision being aggrieved by the judgment of conviction and sentence dated 16.10.2019 passed by Forth Additional Sessions Judge, Katni, District Katni in criminal appeal No.158/17.

(2.) As per the prosecution story deceased Achchhe Lal and injured Ram Das were going on motorcycle bearing registration No. MP-21-F-4125 to petrol pump for getting diesel. Near Kachhari turn, a tanker bearing registration No. MP-21-7053, which was being driven rashly and negligently by the driver, hit the motorcycle of the deceased, due to which Ram Das received injuries and Achchhe Lal died on spot. Accused is said to have driven the vehicle rashly and negligently on 08.12.2015 and caused death of Achchhe Lal and Ramdas suffered serious injury.

(3.) Learned Trial Court on the basis of evidence available on record and deposition of witnesses namely PW2 Somnath, PW7 Vinod, PW3 Roop Lal, PW4 Rakesh, held the applicant to have committed offences under Sections 279 , 338 and 304-A of Indian Penal Code and sentenced to undergo RI for six months and RI for two years for offences under Sections 338 and 304-A of IPC and fine of Rs.1000/- and 2000/- was also imposed upon him.