GOVIND @ BABLU VISHWAKARMA Vs. STATE OF M P

JUDGEMENT

(1.) The applicant was convicted for the offence punishable under Section 304-A of IPC vide judgment dated 23.3.2011 passed by the JMFC Tikarmgarh (Ku. Sonal Chourasiya) in Criminal Case No.547/2006 and sentenced for six months' RI with fine of Rs.100/-. In Criminal Appeal No.191/2011 the learned Sessions Judge, Tikamgarh vide judgment dated 24.1.2013 dismissed the appeal in toto. Being aggrieved with both the judgments, the applicant has filed the present revision.

(2.) The prosecution case, in short, is that on 2.4.2006 some labours went to dig the sand with various trucks. The complainant Ratiram (PW-2) also visited on that day along with his daughter Sunita aged 10 years. At sand mine of Dhassan River Chhevla (Police Station Kudila District Tikmagarh) the applicant was driving the truck bearing registration No.MP15G 1266 and at about 3:00 PM he took the truck in the backside with a negligent manner, and therefore the girl child Sunita was crushed because the rear wheel of the truck was passed over on her body. The complainant had lodged an FIR at Police Station Kudila and thereafter the dead body of the deceased Sunita was sent for the postmortem. After due investigation, a charge sheet was filed before the trial Court.

(3.) The applicant-accused abjured his guilt. He took a specific plea that he was falsely implicated in the matter due to enmity. Laxman (DW-1) was examined in defence.