LAWS(MPH)-2013-2-70

HARISHANKAR Vs. STATE OF MADHYA PRADESH

Decided On February 21, 2013
HARISHANKAR Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) THE applicant was convicted for the offence punishable under Section 304-A of IPC vide judgment dated 17.12.1998 passed by the learned J.M.F.C. (Shri P.L. Dinker), Burhanpur in criminal appeal no.448/1994 and sentenced for one years R.I. with fine of Rs.5,000.00. In criminal appeal no.9/99, passed by the learned

(2.) ND Additional Sessions Judge, Burhanpur vide judgment dated 13.4.1999 maintained the conviction directed against the applicant and sentence was reduced from the period of one year R.I. to the period of six months R.I. Being aggrieved with both judgments passed by the appellate Court as well as the trial Court, the present revision is preferred. 2. The prosecution's case relating to the present revision, in short is that, on 20.3.1985 the applicant was plying a truck no. MPV 4585 by rashly and negligently. The applicant crushed a boy Radheshyam aged about 12 years near Dahinala within the jurisdiction of the Police Station, Nimbola. He was arrested at the spot and thereafter, a charge sheet was filed after due investigation.

(3.) THE learned J.M.F.C. Burhanpur after considering the prosecution's evidence convicted and sentenced the applicant as mentioned above, whereas the result of appeal is also mentioned in the first para of the order.