LAWS(MPH)-2013-2-180

RADHESHYAM Vs. STATE OF MADHYA PRADESH

Decided On February 13, 2013
RADHESHYAM Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) THE appellant stands convicted under Sections 304(A) and 338 of IPC and sentenced him to undergo rigorous imprisonment for 2 years and fine of Rs.5,000/ -, and rigorous imprisonment for 6 months and fine of Rs.1,000/ - respectively by the impugned judgment dated 18/02/2006, passed by the XIIth Additional Sessions Judge, Indore in S.T. No.243/2005.

(2.) AS per prosecution story, on 24/04/2005 at about 1.00 p.m., in the afternoon when Bhanwarlal son of Hiralal was going on his scooter bearing registration no.M.P.09/F.0176 along with Badrilal, who was a pillion rider and going towards their village and when they reached village Budaniya near to Prabhat Kiran farm house, a truck bearing registration no. M.P.E.1496, driven rashly and negligently by the appellant came towards wrong side from Hathod and hit the scooter of Bhanwarlal. Badrilal who was a pillion rider in the said scooter sustained grievous injuries and died on the spot. Incident was telephonically intimated at Police Station ­ Hatodh by one Manish. On receiving the said information SHO of Police Station Hatodh namely Harinarayan Misra rushed at the place of occurrence along with police force. Habib Khan(PW2), who was caretaker of Prabhat Kiran farm house lodged Dehati Nalishi at the place of occurrence. After that investigation started by the SHO. He issued safina form and prepared Inquest report of deceased Badrilal. Appellant Radheshyam was arrested on the spot. The offending truck, bear bottles and scooter were seized. Dead body of deceased Badrilal was sent to M.Y. Hospital, Indore for postmortem report. Injured Bhanwarlal was sent for medical examination to M.Y. Hospital, Indore.

(3.) ALL important prosecution witnesses namely Bhanwarlal (PW6) and Habib Khan (PW2) have also turned hostile and they have not fully supported the case of the prosecution. Other eye -witnesses namely Hukumsingh (PW3) and Suresh (PW4) have turned hostile and have not fully supported the case of the prosecution.