REWASHANKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has preferred this revision petition feeling aggrieved by judgment dated 18/04/2017 passed by Fourth Additional Sessions Judge, Link Court, Badnawar, District-Dhar in Criminal Appeal No. 301/2015, whereby order of conviction passed by Judicial Magistrate First Class, Badnawar, District-Dhar on 15/07/2015 in Criminal Case No. 126/2009 has been upheld.

(2.) The applicant has been convicted for the commission of offence punishable under Section 304(A) of the IPC and sentenced to undergo one years SI and to pay fine of Rs.200/-with default stipulation of 7 days SI

(3.) The prosecution case in short is that, on 31/01/2009, complainant-Prashant came to the Badnawar. At about 10:00 a.m., he was returning to his village Kachi Badoda on a motorcycle with his friend Arif S/o Munshi. They were traveling in the Mhow-Neemuch Road. One Dinesh S/o Balaram Dhakad was also going on his motorcycle on the same direction just ahead of them. When Dinesh reached near Dhamana Phata, one truck bearing registration No. MP-06-E-0090 came from Ratlam and dashed the motorcycle of Dinesh, due to which he fell down on the road and wheel of the truck was roll over on his head, as a result, Dinesh scummed on the spot. The aforesaid truck was driving rashly and negligently by the applicant and after the incident, applicant fled away from the spot leaving the vehicle there. Complainant-Prashant reported the matter to the police, on the basis of which FIR bearing Crime No. 43/2009 for commission of offence punishable under Section 304(A) of the IPC was registered against the applicant at Police-Station-Badnawar, District-Dhar. During the investigation, police visited the spot and prepared spot map (Ex. P/2). Dead body of the deceased was sent for postmortem. Police also seized the truck bearing registration No. MP-06-E-0090 from the spot , recorded the statement of witnesses and arrested the accused, send the vehicle for mechanical examination. After completion of the investigation, the charge-sheet was filed.