STATE Vs. BHAGIRATH

JUDGEMENT

(1.) Appellant/State has filed this criminal appeal under Section 377(1) of the Code of Criminal Procedure against the sentence imposed by the Judicial Magistrate First Class, Bedhan, upon the accused/respondent as per the judgment and order dated 28-4-92 passed in Criminal Case No. 294/92 aggrieved by its inadequacy.

(2.) The prosecution case in brief, was that at around 6.30 p.m. on 3-3-92, respondent Bhagirath was driving dumper No. ADJ-9122 belonging to M/s. Asian Foundation Construction Company, Ltd., Sidhi, rashly and negligently. Another truck No. CPA-3691 had met with an accident. One Parwati Bai wife of Jatai who was a labourer on truck No. CPA-3691, and was standing near it was hit by respondent's truck.

(3.) Injured Parwati Bai was admitted in C.H.C. Bedhan. The fact of her admission in the hospital was reported to S.O., P. S. Bedhan, by Assistant Surgeon, C.H.C. Bedhan. She was referred to Vindyachal Super Thermal Power Project Hospital, Vidyanagar, Sidhi where she was admitted on 3-3-92 at 9.30 p.m. She succumbed to the injuries on 4-3-92 at 3.45 a.m. According to the death report the cause of death was cardio respiratory arrest caused by shock. Post Mortem Examination of deceased Smt. Parwati Bai was performed by Dr. B. L. Seth, Assistant Surgeon, C.H.C. Bedhan, who opined that Parwati Bai died due to haemorrhage suffered because of injury on her right side thigh and right foot and leg. During investigation, spot map was prepared. The offending dumper was seized and after usual investigation challan was filed against the respondent in the Court of Judicial Magistrate First Class, Bedhan.