NARENDRA SONI Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal revision is directed against judgement and order dtd. 19/1/2023, passed by the Additional Sessions Judge/Special judge (Electricity Act No.2) Bhopal in Criminal Appeal No.546/2022 affirming the judgement and order dtd. 14/10/2022, passed by the Judicial Magistrate, First Class Bhopal in Criminal Case No.2303780/2008 (State of M.P. v. Narendra Soni) convicting accused/applicant under Sec. 304-A of IPC and sentencing him to undergo RI for one year and fine of Rs.500.00. In default of payment of fine, to further undergo RI for 1 month.

(2.) Facts of the case, in brief, are that on 20/2/2008, Narendra Kumar Lodhi (PW-4) informed ASI - S.C. Mishra (PW-8) posted in P.S. Nishatpura that he runs a Betel shop in a Gumti in front of Raslakhedi at Bhopal-Vidhisha road. Today, at around 2:15 PM minor Nitin Kushwaha along with his aunt (Bua) Lata Kushwaha was going towards Bhanpur from Rasalkhedi on foot and was crossing the road. In the meantime, driver of a tanker driving his tanker rashly and negligently came from Bhopal side and hit Nitin. Nitin fell down on the road and got crushed under the wheels of the truck. He died on the spot. After incident, driver along with tanker was fleeing from the spot but his vehicle was chased by the villagers, due to which he stopped the tanker and tried to fled away but he was caught by the mob. Tanker was bearing registration No. MP09-K-8219. The tanker driver introduced himself as Narendra Soni. Thus, Narendra by driving the tanker rashly and negligently run over Nitin and caused his death. Dehati Nalisi (PW-6) was recorded. After investigation, charge sheet was filed. As per postmortem examination report Exhibit P/2, the cause of death was shock and hemorrhage as a result of multiple injuries to the body and duration of death was within 12 years since postmortem examination. After completion of investigation, charge sheet was filed for commission of offence under Sec. 304-A of IPC.

(3.) Learned trial Court stated accusation of the offence of Sec. 304- A of IPC to the accused, but he pleaded not guilty.