VANSHPATI SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The applicant was convicted for the offence punishable under section 304-A of IPC vide judgment dated 7.12.1998 passed by the learned Judicial Magistrate First Class, Rewa (Shri R.C. Singh Bisen) in criminal case No.126/1996 and sentenced for 1 year's rigorous imprisonment. In criminal appeal No.125/1998 the learned Fourth Additional Sessions Judge, Rewa vide judgment dated 7.8.1999 dismissed the appeal in toto. Being aggrieved with the judgments passed by both the Courts below, the applicant has preferred the present revision.

(2.) The prosecution's case, in short, is that, on 23.3.1990, the deceased Chhotelal was standing near a road, at village Sagra with a can of milk. At about 11.45 a.m., the applicant brought a truck bearing registration number CPA-3453 in a rash and negligent manner and dashed the deceased Chhotelal. The applicant could not stop the vehicle and therefore, the deceased was crushed and dragged by the vehicle and ultimately, he died. An FIR was lodged at Police Station Sagra, District Rewa. After due investigation, a charge-sheet was filed before the trial Court.

(3.) The applicant abjured his guilt. He took a specific plea that on the date of the incident, he was not driving the said vehicle and he did not know that who was driving the vehicle on the date of the incident. However, no defence evidence was adduced.