SHER KHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal revision is directed against the judgment dated 10.12.1998 passed by the Court of Additional Judge to the Court of Additional Sessions Judge, Burhanpur, in Criminal Appeal No.52/1997, whereby the appeal was partly allowed and the conviction of the revision petitioner Sher Khan under Section 304-A of the IPC was upheld but the sentence of rigorous imprisonment of two years was reduced to sentence of rigorous imprisonment for a period of six months.

(2.) The facts giving rise to this criminal revision may briefly be stated thus. P.S.-Lalbagh filed a charge sheet against the petitioner Sher Khan for the offence punishable under Section 304-A of the IPC alleging that at about 09.00 am on 06.10.1992 at Bahadarpur main road, he was driving truck no. MP-12-3596 rashly or negligently and crushed the deceased Shantaram under. As a result, Shantaram died on the spot. A Dehati Nalishi was lodged by the eye witness Arun at about 10.30 am on the spot. After due investigation, the charge sheet was filed in the Court. After the trial, the learned Judicial Magistrate First Class convicted the petitioner Sher Khan under Section 304-A of the IPC and imposed a sentence of two years rigorous imprisonment and a fine in the sum of Rs.2,000/-. In default of payment of fine, he was directed to undergo simple imprisonment for a further period of three months.

(3.) Petitioner Sher Khan challenged the aforesaid judgment of conviction and sentence in the Court of Additional Judge to the Court of Additional Sessions Judge, Burhanpur in Criminal Appeal No.52/1997. Learned Additional Sessions Judge affirmed the conviction under Section 304-A of the IPC and sentence of fine imposed upon the petitioner; however, substantive jail sentence of two years was reduced to the period of six months. The judgment dated 10.12.1998 passed in criminal appeal is under challenge in this criminal revision.