SHIVNATH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Amicus Curiae for the petitioner and Sri Nityanand Tiwary for the State also perused the lower court records.

(2.) Petitioner is the owner cum driver of vehicle bearing registration no. BHM 9181. He was prosecuted and convicted for the offence under Sections 279, 304(A) of the Penal Code with direction to undergo simple imprisonment for six months and one year respectively. The sentence however, was directed to run concurrently. His conviction has also been affirmed in appeal. By filing the present criminal revision petitioner has assailed the order passed by the trial/appellate court.

(3.) Prosecution case in brief is that Deep Hazra father of the informant Jhojha Hazra while returning from canal side after having his bath suffered accident on 26.12.1987 at about 10 a.m. near village Tilangahi Bahuarwa. It is said that he suffered accident as he was hit by moving BHM 9181 driven by the petitioner in rash and negligent manner. The injured was removed to Mainatand hospital where he died during treatment. After the death of Deep Hazra First Information Report was lodged by his son Jhojha Hazra on the same day at about 1.p.m. During investigation five witnesses, namely, Kailas Raut, Ramdhani Paswan, Ambika Paswan, Satyadeo Raut and Shambhu Hazra were examined. Relying on the statement of the aforesaid five witnesses charge sheet was submitted against the petitioner for the offence under Sections 279 and 304(A) of the Penal Code. During the trial aforesaid five persons were examined as witness but Kailash Raut, Ramdhani Paswan and Shambhu Hazra resiled from their statement and did not support the prosecution case and were declared hostile. Ambika Paswan and Satyadeo Raut supported the occurrence and relying on their evidence trial court convicted and sentenced the petitioner for the aforesaid offences.