SEWAK PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision is directed against the judgment dated 28-7-2000 passed by the Addl. Sessions Judge, I Katihar in Cr. Appeal No. 18/96. Revisionist was convicted by the trial Court in its judgment dated 20-4-1996 passed by the Judicial Magistrate, Katihar in GR Case No. 730/90, Trial No. 8/96 under Sections 279, 304-A, 337 and 338 IPC. He was sentenced to undergo Rl for one year for the offence under Section 304-A IPC and same sentence was awarded nor the offence under Section 338, IPC. He was further sentenced to under Rl for 3 months under Section 379, IPC. All the sentences were directed to run concurrently.

(2.) IT has been submitted that there was no evidence that the revisionist was driving the concerned truck at the relevant time and he was negligent. Circumstances rather indicated that the truck was being driven on its right side. i.e. left side of the road whereas Ambassador car in which the deceased was sitting was on the wrong side of the road i.e. on right side of the road. Moreover, the IO failed to get the ambassador car checked by MVI which could fix whether the ambassador car car was driving on its wrong side.

(3.) IT the result, I think there is no necessity to interfere with the findings of two Courts below. Hence this revision is dismissed.