MANSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This order disposes of criminal revision filed under Sections 397 read with 401 of Cr.P.C., which has been preferred against the judgement dated 13.02.2019 passed by the Additional Sessions Judge, Khargone in Cr. A. No. 381/2016 confirming sentence in the judgement dated 04.08.2016 passed by the Judicial Magistrate First Class, Khargone in Criminal Case No. 2365/2009, whereby the appeal against the conviction and sentence under Sections 304-A and 279 of the IPC has been affirmed and the appeal has been dismissed.

(2.) Brief facts of the case are that on 09.11.2009 at around 12.00 in the afternoon, tanker bearing registration No. MH18-M-6935 was driven rashly and negligently by the applicant - Mansingh, who collided his vehicle against one Gulsingh, who succumbed to his injuries. The report was lodged by eye-witness Radheshyam in Police Station Barud, District Khargone. After investigation, trial ensued and the Trial Court held the applicant guilty under Sections 279 and 304-A of IPC and sentenced him to 1 month RI with fine of Rs. 500/- and in default of payment of fine, additional 10 days RI in respect of Section 279 and 6 months RI with fine of Rs. 500/- and in default of payment of fine, additional 10 days RI in respect of Section 304-A.

(3.) Against this judgement of Trial Court, an appeal was filed and the Appellate Court vide judgement dated 13.02.2019 affirmed the order of conviction and sentence.