JAGDEO BAGWAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner was put on trial for offence under Section 279 and 304-A of the Indian Penal Code. Judicial Magistrate, 1st class, Banka by judgment dated 18th of May, 2001 acquitted him of the charge under Section 304-A of the Indian Penal Code but found the petitioner guilty for offence under Sections 279 and 337 of the Indian Penal Code. He sentenced him to undergo rigorous imprisonment for six months and fine of Rs. 1,000/- for offence under Section 279 and rigorous imprisonment for six months and fine of Rs. 500/- for offence under Sections 337 of the Indian Penal Code. Aggrieved by the same petitioner preferred appeal and the 2nd Additional Sessions Judge, Banka by judgment dated 20th of February, 2003 passed in criminal appeal No. 51 of 2001 dismissed the same.

(2.) Aggrieved by the aforesaid orders, petitioner has preferred this revision application.

(3.) According to the prosecution on 17.11.1980 at about 11-15 a.m. the informant Gopal Prasad Ram was standing near the mill of one Mukhiya Jee and his niece Rita Kumari was going towards the Mahavir temple from the left side of the road. Further case of the prosecution is that in the meantime, one trecker coming from the western side dashed the niece of the informant and fled away from the place of occurrence. According to the informant, the vehicle was being driven rashly and negligently. The police after investigation submitted charge-sheet under Sections 279 and 304-A of the Indian Penal Code and the petitioner was, ultimately, put on trail. In course of trial five witnesses were examined. The learned Magistrate on appreciation of the evidence held that no case under Section 304-A of the Indian Penal Code is not made out but he found the petitioner guilty of offence under Sections 279 and 337 of the Indian Penal Code and convicted and sentenced him as above. Appeal preferred against the said judgment failed.