HARDEEP KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner has challenged the correctness of the order of conviction passed by the C.J.M. Shivpuri, convicting him under section 304 -A of I.P.C. and sentencing him to 1 year's R.I. and a fine of Rs. 1,000/ - in default of payment of fine to further undergo R.I. for six months. On appeal preferred by the petitioner, the order of conviction and sentence was upheld by the appellate Court.

(2.) ACCORDING to prosecution on 18.4.1984, at about 5.45 a.m. while deceased Jankidas was going towards Guna on cycle, after crossing the Chungi barrier, it is alleged that the petitioner at that relevant time came driving the truck No. MNT 3018 rashly and negligently and dashed against the cyclist as a result of which Jankidas died. The report of the incident was lodged by Radheshyam (PW 1), the son of the deceased. After the due investigation, the challan was filed. The petitioner abjured his guilt.

(3.) ADMITTEDLY , no witness was present at the spot. The prosecution produced Narain Prasad (PW 2) and Ramesh Kumar (PW 3), who are stated to be sitting at a hotel near the spot with one Preetam (not produced). Out of the above witnesses, Narain prasad (PW 2) is stated to be running a tea stall and Ramesh Kumar was the Nakedar at the Municipal barrier. Preetam (not examined) was the peon posted at the barrier. According to these two witnesses, the deceased Jankidas had crossed the barrier and had gone about 150 paces away, when they heard the sound of a dash. It is, thereafter, alleged that the petitioner came to the barrier driving the truck. He had stopped the truck at the barrier and had gone to the police station. Out of these two witnesses Ramesh Kumar (PW 3) was declared hostile by the prosecution. There is no other witness, except these two witnesses to support the prosecution story that the accused -petitioner caused the accident by driving the truck negligently and rashly.