IALA RAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal revision has been filed by the accused being aggrieved by judgment dated 17.01.2000 passed by the Sessions Judge, Sagar in Criminal Appeal No.136/1999 affirming the judgment and conviction passed by Judicial Magistrate First Class, Sagar in Criminal Case No.868/1998, whereby the applicant was convicted under Section 304-A of the IPC and sentenced to R.I. for three months with fine of Rs. 5,000/- with default stipulation.

(2.) In brief the prosecution case is that, on 19.09.1995 at about 10:30 a.m. on NH 26 under Police Station, Surkhi District Sagar, Mahendra took his grandson Ajay Mishra who was three years old to answer the call of nature on the side of road. The applicant by driving truck bearing registration No. DL GAI 4926 rashly and negligently crushed Ajay Mishra, who died on the spot. On the report lodged by Mahendra at Police Station Surkhi, a crime was registered against the applicant for offence under Sections 279 and 304-A of the IPC. After concluding the investigation, charge sheet has been filed before the concerned Court.

(3.) The trial Court relying upon the testimony of eyewitness Mahendra (PW-4) and Parmanand (PW-7) and other eyewitness and their testimony were corroborated by Dr. K.K. Jain (PW-1), who opined that due to serious injuries caused to Ajay Mishra over his entire body, he died within six hours of his postmortem. Hence, the trial Court has rightly convicted and sentenced the applicant as mentioned above.