DWARIKA PRASHAD GOSWAMI Vs. STATE OF M.P.

JUDGEMENT

(1.) BY this revision the petitioner/accused has challenged the judgment dated 23.05.2008 passed by IInd Additional Sessions Judge, Shivpuri, in Criminal Appeal No. 108/08. This Appeal was filed by the petitioner challenging the judgment pronounced in Criminal Case No. 395/2005 passed by JMFC, Shivpuri on 26.03.2008 by which the petitioner was held guilty under Section 337 of IPC and sentenced to R.I for six months and fine of Rs.100/ - failing which he has to undergo sentence for three days. The petitioner/accused was also sentenced under Section 304A of IPC R.I. for 1 year and imposed a fine of Rs.500/ -. In lieu of fine he has to undergo additional imprisonment for 7 days. However, no separate sentence was pronounced under Section 279 of IPC. In the Criminal Appeal, learned Second ASJ, maintained the judgment and conviction and also confirmed the sentence passed by the learned JMFC under Section 304 -A IPC. However, for offence under Section 337 IPC, appeal was partly allowed and the sentence was reduced to one month only.

(2.) THE petitioner has challenged the verdict of conviction and requested to set -aside the same and prayed for quashing the award of sentence and to acquit the petitioner. The petitioner contended that the learned Trial Court and the First Appellate Court erred in awarding the sentence. No independent witness has been examined to prove the prosecution story. The witnesses examined are planted witnesses. Learned Trial Court failed to consider the grounds pleaded by the petitioner and erred in convicting the petitioner.

(3.) DECEASED Dakhkhobai, W/o Naktu, aged 60 years died due to shock caused by multiple injury and hemorrhage. Dr. M.L. Agrawal, PW -10 examined the injured Dakhkhobai on 7.10.2013 and found a lacerated wound on the fronto -parietal region and a lacerated wound on the parietal -occipital region. Injured Dakhkhobai was brought to hospital at about 8 P.M. and it was stated to the doctor on duty that near Garima Petrol Pump, a tempo dashed her. Therefore, injured was admitted in the hospital. Pooja D/o Gappu Adiwasi, aged two years was also injured in the accident. Pooja received an abrasion and a contusion on her head at the parietal region. Dr. V.C. Goyal PW -12 performed the postmortem on 08.10.2013 and opined that the injury received by Dakhkhobai appears to be accidental in nature. In these circumstances, it is clear that Dakhkhobai died due to the injuries received by her in the accident.