PAPPU @ HAZARILAL Vs. STATE OF M.P.

JUDGEMENT

(1.) This revision under Section 397 read with Section 401 of the Cr.P.C. has been filed against the judgment dated 09.08.2016 passed by the Second Additional Sessions Judge, Ujjain in Cr.A.No.130/2016; whereby affirmed the judgment dated 25.02.2016 passed by the Judicial Magistrate First Class, Ujjain in Criminal Case No.3013/2016; whereby the applicant has been convicted under Section 304-A of the IPC and sentenced to 2 years RI and fine of Rs.1,000/- and in default of payment of fine, further imprisonment for 15 days.

(2.) As per prosecution case, on 07.04.2014, at about 9.00 a.m., Neha daughter of Radheshyam aged 6 years was at brick kiln place. The applicant had driven the tractor and trolley negligently in reverse which hit Neha. Resultantly she sustained fetal injuries and died. P.S. Neelganga, Ujjain registered a Crime No.262/13 under Section 304-A of IPC. Dead body of the deceased was sent for postmortem. After completion of investigation final report has been filed against the applicant.

(3.) Learned Magistrate has explained the particulars of offence under Section 304-A of IPC and has asked the applicant as to whether he pleads guilty or he has any defence. The applicant abjured the guilt, then the Magistrate proceeded to record evidence. Prosecution had examined 11 witnesses, however, the applicant has not adduced any evidence in his defence.