JAWAHARLAL Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS criminal revision is directed against the judgment of conviction and order dated 1.11.1990 passed by the learned Addl. Sessions Judge, Shahdol in Criminal Appeal No. 38 of 1990 whereby he dismissed the appeal affirming the conviction and sentence of the applicant under section 304 -A of the Indian Penal Code.

(2.) THE applicant was prosecuted for an offence under section 304 -A I.P.C. for causing death of Vishnu Prasad on account of rash and negligent driving of the Madhya Pradesh State Road Transport Corporation Bus No. MBW 1360 on 5.6.88.

(3.) IT is well settled that conviction cannot be based relying upon the testimony of a witness whose evidence is not consistent with his earlier statement made under section 161 of the Code of Criminal Procedure.