ASHOK PAWAR Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision application has been filed by the applicant-accused against the judgment of his conviction and order of sentence passed by learned trial Court convicting him under section 304-A of IPC and thereby sentencing him to suffer one year rigorous imprisonment and fine of Rs.

(2.) ,000/- in default further RI of 3 months which has been affirmed by learned appellate Court by dismissing his appeal. 2. In brief, the case of prosecution is that on 27.10.1993, at 8 p.m., Shankerlal (hereinafter referred to as 'deceased') was carrying and driving his hand cart in front of MPEB barrier. His wife Bhulibai was also accompanying him. One Sukhlal was also driving his hand cart behind the deceased. At that juncture, a truck bearing registration number MP- 24C/1638 which according to the prosecution, was being driven by applicant rashly and negligently came and hit the deceased, as a result of which he (deceased) became injured. The applicant himself brought the deceased to the hospital, where he was declared dead by the doctor. The incident was reported to police by Bhulibai, who is the wife of the deceased and on the basis of the report of said Bhulibai, a case was registered against the applicant under section 304A of IPC.

(3.) THE learned trial Court on going through the allegations made against the applicant in the charge sheet, framed charge punishable under section 304-A of IPC, which he denied and requested for the trial. To prove the charge, prosecution examined as many as four witnesses and placed exhibit P-1 to P-5, the documents on record. The defence of applicant is of false implication. However, in support of his defence, he did not examine any witness.