LAWS(MPH)-1984-8-36

CHINTARAM Vs. STATE OF M. P.

Decided On August 24, 1984
CHINTARAM Appellant
V/S
STATE OF M. P. Respondents

JUDGEMENT

(1.) THE applicant -accused has filed the revision challenging his conviction under section 304 -A of the Penal Code and sentence of rigorous imprisonment for eight months, passed on him in Cri. Appeals No. 32 of 1982, and 34 of 1982, by the Sessions Judge, Jagdalpur, arising out of Judgment dated 15 -5 -1982, passed by the Judicial Magistrate, First Class, Narayanpur, in Criminal Case No. 127 of 1981.

(2.) THE prosecution case is that on 15 -3 -1981, at about 4.30 p.m., deceased Rukmibai, along with Mst. Rondibai and Mst. Bhukibai (P. W. 4), was returning from Narayanpur market by metal road leading to Kondagaon, when the accused on motor -cycle CPR 4335 came from behind and dashed Rukmibai, who received serious injuries and fell unconscious. She succumbed to her injuries at 5.45 p. m. the same day at Primary Health Centre Narayanpur as per intimation, Ex. P -3. Sirnath (P W. 1) made a report (Ex. P -1) at Police -station Narayanpur. The accused and pillion rider Mukaru also received injuries.

(3.) THE trial Court framed charge under section 304 -A of the Penal Code against the accused. The accused abjured his guilt.