SATISH Vs. STATE OF M P

JUDGEMENT

(1.) The applicant was convicted for the offence punishable under Section 304-A of IPC vide judgment dated 31.10.2012 passed by the learned J.M.F.C. (Shri Aayan Girdoniya), Sehore in criminal case no.813/11 and sentenced for 14 months' S.I. with fine of Rs. 500/-. In criminal appeal no.299/12, the learned Sessions Judge, Sehore maintained the conviction but the sentence was reduced for a simple imprisonment of six months and no change in the fine was directed. Being aggrieved with the aforesaid judgments, the applicant has preferred the present revision.

(2.) The prosecution's case, in short is that, on 15.3.2011 at about 8:30 p.m. the deceased Kailash alongwith his wife Syamubai were going back to their house situated at village Lalakhedi and therefore, they were travelling in a tempo trax on higher. At the spot, situated at Khokhri Road turn, they got down from the trax and the applicant dashed the deceased Kailash by a motorcycle and hence, the deceased died. An FIR was lodged and thereafter a charge sheet was filed after due investigation.

(3.) The applicant abjured his guilt. He did not take any specific plea and therefore, no defence evidence was adduced.