SANTOSH Vs. STATE OF M.P.

JUDGEMENT

(1.) Applicant has preferred this revision petition under Section 397 read with Section 401 of Criminal Procedure Code (In short 'the code') against the judgment dated 28/11/2019 passed by Fourteenth Additional Sessions Judge, Indore in criminal appeal No.260/2016 whereby the judgment of conviction passed by the Court of Judicial Magistrate First Class, Sanwer, District Indore on 02/03/2016 in Criminal Case No.730/2012 has been affirmed wherein the applicant has been convicted for commission of offence punishable under Section 304(A) of IPC, 1860 and sentenced to undergo 1 year R.I. with fine of Rs. 1,000/- with default stipulation.

(2.) Relevant facts necessary for adjudicating the present revision are that on 27.07.2012 at about 08:00 pm Omkarsingh alongwith his wife Seema @ Tejubai was proceeded for village Solsindhi on his motorcycle bearing registration No.MP-09-NA- 7059. When he reached near the house of Babulal situated at Village Jamnod, at that time motorcycle without having any registration number come from opposite direction which was being driven by the applicant very rashly and negligently and hit the motorcycle of the Omkar Singh resulting thereby he sustained injury on his head and hand. He brought to hospital where during the treatment, he died on 31.07.2012. The incident was reported to the Police Station Sanwer, on the basis of which FIR bearing registration No.406/2012 for offence under Section 304(A) of IPC, 1860 was registered. After completion of investigation, charge-sheet was filed against the applicant before the court of Judicial Magistrate First Class, Sanwer, District Indore.

(3.) After conclusion of trial the learned Judicial Magistrate First Class, vide its judgment dated 02.03.2016 has awarded conclusion at paragraph 15 of the judgment that the prosecution has been able to prove that Omkarsingh sustained injuries in the accident which had occurred due to negligent act of the present applicant, while driving the vehicle as a result of which he has died. Therefore, the applicant was convicted for the offence under Section 304(A) of IPC, 1860 and sentenced to undergo 1 year R.I. with a fine of Rs.1,000/-. This judgment was called in question by filing an appeal before the Fourteen Additional Sessions Judge, Indore, which was registered as Criminal Appeal No.160/2016.