MURARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this revision against his conviction under Section 304-A, Indian Penal Code, and sentence of nine months simple imprisonment and a fine of Rs. 2,000/- and in default, to further simple imprisonment for six months, passed by the Fifth Additional Sessions Judge, Morena, in Criminal Appeal No. 19/1994, vide judgment dated 12-9-1997, whereby the lower appellate Court while affirming the conviction under Section 304-A, IPC, reduced the sentence of imprisonment from one year to nine months and affirmed the fine, passed by the Judicial Magistrate First Class, Jaura (District Morena), in Criminal Case No. 82/1986, decided on 22-1-1994.

(2.) Briefly stated, prosecution case is that the applicant on 8-5-1986 at about 9 p.m. in the night was driving truck bearing No. MPW/1875. The truck was carrying stone slabs. Several people including the three deceased persons and the injured were sitting on the stone slabs in the truck. Due to rash and negligent driving of the truck by the applicant, near village Khera the truck overturned as a result of which two children named Guddu and Pappu and a lady named Shakuntala who were sitting on the stone slabs in the truck died and one person was injured. First information report was lodged at the Police Station by Ramjan Khan (PW 1) on the basis of which Crime No. 22/86 under Section 304-A, IPC was registered against the applicant. 'Panchanama' of the dead bodies was prepared, the dead bodies were sent for post-mortem examination and the injured was sent for medical examination, spot map was prepared and the truck was seized. After usual investigation, the 'challan' was filed. Applicant abjured the guilt. He pleaded that due to failure of the brake the accident occurred. Prosecution examined 7 witnesses, namely Ramjan Khan Chowkidar (PW 1), Dr. R. K. Saxena (PW 2), Baburam (PW 3), Sarwar Khan (PW 4), Jamil Khan (PW 5), R. S. Bhadoria (PW 6) and Shivlal, Mechanic (PW 7). The trial Court after considering the evidence found the accused guilty, convicted him under Section 304-A, IPC and sentenced to imprisonment for one year and a fine of Rs. 2,000/-. In appeal, the lower appellate Court again considered the evidence and found that the conviction is well merited but reduced the sentence of imprisonment from one year to nine months and affirmed the fine.

(3.) Shri Rakesh Saxena, learned counsel appearing for the applicant, contended that the conviction is illegal and contrary to law, whereas Shri P. D. Bidua, learned Panel Lawyer for the State supported the conviction and sentence.