RAJESH TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal revision has been filed by the applicant under Section 397/401 of the Code of Criminal Procedure, 1973 being aggrieved by the judgment dated 10.01.2019 passed by 1st Additional Session Judge, Amarpatan, District Satna in Cr.A. No. 24/2018 whereby affirming the conviction and sentence passed in Criminal Case No. 772/2010 by JMFC, Amarpatan by judgment and order dated 26.10.2017 whereby applicant has been convicted for the offence punishable under Section 304-A & 279 of the IPC and sentenced to undergo R.I. for two years along with fine of Rs.1000/- and R.I. for 6 months along with fine of Rs.100/- with default stipulations respectively.

(2.) The facts giving rise to this revision, in short, are that on the date of incident I.e 08.08.2010, the applicant was driving a Jeep bearing registration No. MP19A2294 rashly and negligently and dashed against Dadua Kol who was riding on the bicycle. He sustained fatal injury in the accident and died on the spot. FIR to that effect has been lodged in the Police Station Amarpatan (Ex.-P/3), Spot Map (Ex.-P/4), Inquest Panchnama (Ex.-P/2), Postmortem Report (Ex.-P/11) and Seizure of Vehicle (Ex.-P/7) exhibited during the trial and ultimately Court of JMFC after hearing both parties delivered a judgment on 26.10.2017 and convicted the applicant and sentenced him as mentioned above. Applicant being aggrieved by that judgment and order filed an appeal before the Appellate Court which was registered as Cr.A. No. 24/2018. Learned 1st Additional Session Judge, Amarpatan after hearing both parties vide order dated 10.01.2019, dismissed the appeal by affirming the order of the trial Court.

(3.) Learned counsel for the applicant filed this revision on the ground that conviction and sentence passed by the Court below is not sustainable in the eye of law. Learned Court has not properly evaluated the evidence on record. Nobody saw the applicant driving the vehicle at the time of accident and he has wrongly been convicted and sentenced, therefore, prays for setting aside the conviction and sentence passed by the trial Court.