RAVINAIR Vs. STATE

JUDGEMENT

(1.) THIS revision application is directed against the judgment and order dated 24.1.1995 of the Sessions Judge, Ambikapur in Criminal Appeal No. 31/94 whereby he dismissed the appeal confirming the conviction and sentence of the appellant under Section 304A IPC. The appellant was prosecuted for an offence under Section 304A IPC before the Magistrate First Class, Ambikapur in Criminal Case No. 401/92 on the allegation that on 8.10.1987, P.W. 4 Bhonduluram lodged a report (Ex.P -2) at Lundra Chowki to the effect that at about 11.00 a.m., P.W. 2 Lali Bai was going to Gagar river for fetching water from a public. Her grandson Hariram, aged five years, also followed her. In the meanwhile, the appellant arrived there driving his truck. Hariram was trying to cross the road and the appellant could not check his vehicle, as a result of which Hariram came under the wheels of the truck and was crushed and died at the spot.

(2.) THE police after investigation submitted charge sheet and after taking cognizance the case came up for trial before the Judicial Magistrate, First Class, Ambikapur, who on consideration of the evidence of the prosecution witness convicted the appellant under Section 304B I.P.C. and sentenced him to undergo R.I. for three months and to pay a fine of Rs. 200/ - in default to undergo further R.I. for 15 days. The defence of the applicant was innocence. On appeal, the conviction and sentence of the applicant was affirmed by the Sessions Judge.

(3.) SHRI S.K. Gangrade, Penal Laywer, has fairly conceded that this case is squarly covered by the decision of the Apex Court.