CHHANGA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner Chhanga stands convicted for the offences punishable under Section 304-A of Indian Penal Code and sentenced to R.I. for one year and fine of Rs. 500/-, in default, to undergo further R.I. for one month vide impugned judgment dated 27-8-2002, passed by Additional Sessions Judge, Rewa, in Criminal Appeal No. 98 of 2002 arising out of the judgment and order dated 26-4-2002, passed by Judicial Magistrate First Class, Rewa, in Criminal Case No. 194 of 1997.

(2.) The facts of the case which lead to conviction are that on the relevant date, Ramdeen Vishwakarma, along with his son aged 8 years, came on the road to see his relations. He was standing by the side of the road near the shop of Chhotelal and was talking to Jagdish Patel. His son Avaneesh Vishwakarma was also standing on the side of the road. Truck No. MP-27-G/2205, being driven by the petitioner hit Avaneesh Vishwakarma consequently. Avaneesh fell down and died instantaneously. According to the prosecution, the petitioner was driving the truck rashly and negligently. After the accident, the petitioner ran away from the place of occurrence leaving the truck there. Ramdeen asked his cousin Babulal to lodge the report. Babulal lodged report Ex. P-1 at P. S. Govindgarh. After due investigation, a challan was filed against the petitioner in the Court of Judicial Magistrate First Class, Rewa.

(3.) A charge for offence punishable under Section 304-A of Indian Penal Code was framed by the trial Magistrate against the petitioner. The petitioner abjured the guilt. His defence is that the accident occurred due to mechanical failure. When he was going towards Govindgarh, near village Amiliki, the steering system of the vehicle failed, therefore, the control on the vehicle was lost.