BHARAT SINGH YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Revision filed by the applicant under Section 397/01 of the Cr.P.C. being aggrieved by the judgment and order dated 10.01.2019 passed in Criminal Appeal No.301/2014 by the Additional Session Judge, Sehora, District Jabalpur, whereby learned appellate Court affirmed the judgment passed by the JMFC in Criminal Case No.1545/2012 and convicted the applicant for the offence punishable under Section 304-A of IPC and convert the sentence passed by the JMFC for that offence from one year six months R.I. into one year R.I. and maintained the fine amount.

(2.) In short, the prosecution story is that on the date of incident i.e. 10.09.2012, the appellant was driven Auto Bearing No. MP20R3267 rashly and negligently. The deceased Dharmendra Singh and witness Chatrapal Singh (PW-1), Jaypal Singh Thakur and Deepu Patel (PW-3) were sitting inside the Auto. The applicant driving vehicle rashly and negligently, on account of that Dharmendra Singh fell down from the Auto, sustained injury and, thereafter he succumbed to injuries. On the basis of FIR in Crime No.938/2012 offence under Section 304-A has been registered against the applicant and after investigation charge-sheet has been filed before JMFC. The trial Court framed charges against applicant. The applicant abjured the guilt. Prosecution recorded the statement of witnesses. In the examination of the accused, the applicant denied all the incriminating circumstances comes against him and pleaded that he has falsely been implicated, however, did not produce any evidence in his favour. Learned JMFC after hearing both the parties, delivered a judgment on 30.09.2014, thereby convicted the applicant for the offence punishable under Section 304-A of IPC and sentenced him to undergo one year six months R.I. alongwith fine of Rs. 500/- in default to undergo further 10 days R.I. Additional.

(3.) Being aggrieved by that judgment of conviction and order of sentence, the applicant preferred an appeal before the Additional Session Judge, Sehora, Jabalpur, Register as Cr.A. No.301/2014. The Appellate Court after hearing both the parties delivered the judgment on 30.09.2014 and affirmed the conviction under Section 304-A of IPC, reducing the imprisonment from one year six months to one year and remaining sentence not interfered with.