BHUPENDRA SINGH Vs. STATE OF MP

JUDGEMENT

(1.) This criminal revision filed under Section 397 / 401 of Cr.P.C., being aggrieved by order dated 24/01/2018 passed in Cr.A. No.409/17 by II Additional Sessions Judge, Ujjain, whereby the appellate Court has affirmed the order passed by the learned JMFC, Ujjain in Criminal Case No.8703/2011. The learned JMFC held the petitioner/applicant guilty for the offence under Sections 337 & 304-A of IPC and sentenced him to undergo 6 months and 2 years RI respectively with fine and default stipulation.

(2.) Facts in brief are that on 23/11/2011 at about 5.30 a.m. in the morning Jagdish and Anandilal were going to deliver milk by motorcycle No.M.P.13-MP-2904. Near Triveni bridge at village-Shakkarvasa turn, a Trala No.GJ-6W-9957 came on wrong side and dashed motorcycle of the complainant, resulting in death of Jagdish on the spot and injuries to Anandilal. . Driver was driven that Tralla rashly and negligently. Anandilal filed a report. A Crime No.919/11 under Sections 279 , 304-A & 337 of IPC was registered at P.S. Neelganga. After completing investigation, the police filed charge-sheet.

(3.) After examining the witnesses, the trial Court reached on the conclusion that at the date, time and place of the incident the petitioner drove the Trala rashly and negligently and caused death of Jagdish and injuries to Anandilal and held guilty and punished him as stated in para-1 above.