NANNE KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner, a truckdriver, was convicted and sentenced by a Judicial Magistrate, First Class, Sheopur Kalan in Regular Criminal Case No. 61/1979 on 17-5-1982 for one year's rigorous imprisonment and a fine of Rs. 250/- and in default 3 months' rigorious imprisonment under S.304-A, I.P.C., and a fine of Rs. 250/- under S.279, I.P.C. The petitioner's appeal (No. 120/82) was dismissed in toto by the Additional Sessions Judge, Sheopur Kalan on 2-4-83. The petitioner has therefore come up in revision against the appellate judgment.

(2.) The following concurrent findings of the Courts below were not challenged before me. Late in the afternoon on 14-11-1978, a truck (No. 6607 M.P.D.) driven by the petitioner was involved in an accident on the outskirts of the village of Nanawad on a public road, near a culvert of a conal, resulting in the death of P.W. 2, Gangadhar's son Pappu. (aged 8 years). It is not in dispute that after the accident, the truck was halted and the petitioner Nannekhan (DW 2), the truck- cleaner Azad (DW 1) and the labourers on the truck ran away.

(3.) Here, the petitioner assails the finding that he drove the truck negligently.