MAZHAR ALI Vs. THE STATE OF MP

JUDGEMENT

(1.) This criminal revision has been filed by the applicant under section 397 and 401 of Cr.P.C., 1973 who was convicted by the JMFC, Sagar in Criminal Case No. 1458/1996 under Section 279 and 337 of IPC and sentenced to undergo three months RI and Section 304-A of IPC and sentenced to undergo RI for one year with fine of Rs. 300/- and default stipulation. Appeal No. 189/1999 filed by the applicant was dismissed by the Sessions Judge, Sagar on 04.02.2000. Challenging the aforesaid orders, this criminal revision has been preferred by the appellant.

(2.) In brief, the prosecuted story goes to show that on 31.08.1996, at about 4:30 pm the applicant by rash and negligent driving of Bus No. M.B.W 1487 of MPSRTC at Rahatgarh bus stand caused accident. In the accident, two persons were died and six persons were injured. FIR has been lodged by Gorelal Sen at Police Station Rahatgarh. Offence under Section 279, 337 and 304-A of IPC have been registered against the applicant. Chargesheet was filed before the trial Court. The trial Court convicted and sentenced the applicant as mentioned above.

(3.) The applicant filed criminal appeal against the finding of the trial court which was dismissed on the ground that there is sufficient evidence or record against the appellant for causing accident of the offending vehicle by rash and negligent driving whereby two persons died and six were injured.