MUNNALAL Vs. STATE OF M.P

JUDGEMENT

(1.) PETITIONER Munnalal preferred this criminal revision aggrieved by the impugned judgment dated 7.10.1999 passed by 8thAdditional Sessions Judge, Gwalior in Criminal Appeal No. 111/99, whereby confirming the judgment of conviction and sentence passed by Chief Judicial Magistrate, Gwalior in Criminal Case No. 5546/91 dated 8.7.1999, whereby the petitioner has been convicted under sections 304-A, 279 and 337 of IPC and sentenced to six months RI and fine of Rs. 3,000/- under section 304- A of IPC and fine Rs. 300/- under section 337 of IPC.

(2.) IN brief the prosecution case is that on 21.8.1991 petitioner drove a tanker bearing No. MP-G-9619 rashly and negligently and dashed to M- 80 MP-07-4402 and caused injuries to Suraj Singh, Suresh Singh and Gulab Singh. Dehati Nalishi has been lodged in J.A. Hospital, Lashkar, Gwalior. Injured persons were medically examined. Suraj Singh succumbed to injuries. Case under sections 279, 337, 338 and 304A of IPC has been registered and a charge-sheet has been filed against the petitioner after completion of trial.

(3.) AGGRIEVED by impugned judgment dated 7.10.1999, petitioner preferred this crimianl revision on the ground that learned both the Courts below committed illegality in passing the impugned judgment. Learned both the Courts below have not appreciated the prosecution evidence properly and came to the wrong conclusion that accident occurred due to negligent driving of tanker No. MP-07-4402 by petitioner. Learned trial Court committed illegality in convicting the petitioner under sections 279, 337 and 304-A of IPC. In appeal preferred prayed for allowing the appeal and setting aside the impugned judgment of conviction and sentence passed by learned trial Court.