KAILASH Vs. STATE OF M.P.

JUDGEMENT

(1.) Being aggrieved by confirmation of his conviction and sentence under Section 279, 337 (21 counts) and 338 (1 count) vide judgment dated 24/04/2019 passed in Criminal Appeal No.588/2017 by Additional Sessions Judge and Special Judge, Electricity No.7, Indore, the petitioner has preferred this petition. The petitioner was convicted vide judgment dated 28/10/2017 by Judicial Magistrate First Class, Depalpur, Indore for the aforesaid offences and has been awarded 1/1 month Rigorous Imprisonment for the offence under Section 337 (21 count) and 3 months RI for the offence under Section 338 (1 count) IPC. He is further directed to pay compensation of Rs.3,500/- under Section 357(3) of the Cr.P.C. Out of compensation deposited by the petitioner, Rs.350/- have been awarded to injured Farooq and Rs.150/- each to other injured persons. All the sentences are directed to run concurrently.

(2.) Case of the prosecution in brief is that on 10/05/2008, all the injured persons were travelling by bus No.M.P.09-F.A.0163 from Betma to Indore. The petitioner was driving the bus. He drove the bus rashly and negligently due to which the bus turned turtle near Murgi Dana Factory. The matter was reported to the Police Station Betma. Crime No.154/2008 under Sections 279, 337 of IPC was registered and investigated. After the investigation, charge-sheet was filed against the petitioner.

(3.) The petitioner is charged, tried, convicted and sentenced as stated in para-1 above.