CHANDAN SINGH AND ANOTHER Vs. STATE OF MP

JUDGEMENT

(1.) This Criminal Appeal under section 374 of CrPC, 1973 has been filed against the judgment and sentence dated 27/07/2010 passed by First Additional Sessions Judge, Bhind in Sessions Trial No.15/2010, by which the appellants have been convicted for offence under Section 323/34 and 304 Part II /34 of IPC and have been sentenced to undergo the rigorous imprisonment of six months and rigorous imprisonment of five years respectively. No fine amount has been imposed. Both the sentences have been directed to run concurrently.

(2.) The necessary facts for the disposal of the present appeal in short are that on 04/02/2008, at about 03:30 pm, complainant Prem Singh (PW3) and Bhagunte (PW4) were going to their village Nibasai from village Raun on a Sonalika tractor. On the way, the driver of the tractor Mangal Singh overtook the bullock-cart, as a result of which the persons who were sitting on the bullock-cart, climbed over the trolley and after catching hold the driver Mangal Singh, started assaulting him, as a result of which the tractor turned turtle up side down near the culvert and Bhagunte who was sitting on the Sonalika Tractor, as well as the driver Mangal Singh sustained injuries. The driver Mangal Singh succumbed to his injuries and he was declared dead. On the report made by complainant Prem Singh (PW3), the police registered a FIR in Crime No.17/2008 for offence under Section 304 of IPC. After concluding the investigation, the police filed the charge-sheet against the appellants for offence under Section 304/34 of IPC.

(3.) The trial Court by order dated 26/03/2010 framed the charge under Sections 323/34, 304 Part II/34 of IPC.