VIRENDRA @ CHINTU Vs. STATE OF M. P.

JUDGEMENT

(1.) The applicant has filed this revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 being aggrieved by the judgment dated 29/05/2019 passed by 5th Additional Sessions Judge, Chhindwara in Criminal Appeal No.05/2016 whereby affirming the judgment dated 14/07/2016 passed in Criminal Case No.1411/2010 by the Court of JMFC, Junnardev, Distt. Chhindwara thereby convicting the applicant for the offence punishable under Section 304-A of IPC and sentencing him to undergo two years RI along with fine of Rs.1,000/- with default stipulation.

(2.) The case of prosecution against the applicant, in short, is that on 04/12/2010 the applicant was driving the motorcycle bearing registration No.M.P.28 M.A.5024 rashly and negligently in Village Junnardev near old Petrol Pump on public way deceased-Appu alias Aftab was crossing the road, applicant dashed him by motorcycle. Appu alias Aftab received fatal injuries and ultimately succumbed to injuries. The matter was reported to Police Station, Junnardev where FIR (Ex.P/1) at Crime No.362/2010 was registered and after completing the investigation filed charge sheet for the offence punishable under Sections 279, 337, 304-A of IPC against the applicant before the Court of JMFC, Junnardev, Distt. Chhindwara where Criminal Case No.1411/2010 was registered.

(3.) Trial Court after completing the trial delivered judgment dated 14/07/2016 thereby convicted the applicant for the offence punishable under Section 304- A of IPC and sentenced him to undergo two years RI and fine of Rs.1,000/-, in default of payment of fine to undergo one month's additional RI. Against that judgment of conviction and order of sentence, the applicant preferred an appeal registered as Criminal Appeal No.05/2016 before the appellate Court. 5th Additional Sessions Judge, Chhindwara, after hearing both the parties, delivered the judgment dated 29/05/2019 affirming the conviction and sentence passed by the trial Court against the applicant by dismissing the appeal.