MAHESHWAR THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner as well as learned Additional Public Prosecutor.

(2.) PETITIONER is aggrieved by judgment dated 25.01.2001 passed by Sri I.B. Prasad, S.D.J.M., Pupri at Sitamarhi in connection with G.R. No.57 of 1993 whereby he has been found guilty for an offence punishable under Section 279, 304(A) of the Indian Penal Code and sentenced to undergo S.I. for four months under Section 279 IPC and S.I. for two years under Section 304(A) of the Indian Penal Code having a direction to run the sentences concurrently as well as judgment dated 26.09.2002 in Cr. Appeal No.8 of 2001 / 17 of 2002 by Additional Sessions Judge, Fast Track Court No.5, Sitamarhi, upholding the same.

(3.) IT has also been submitted that so far identification of petitioner is concerned, from the nature of the evidence and the location of the PWs as suggested during course of alleged occurrence did not inspire confidence. It has further been submitted that from the evidence of the PW, it is apparent that deceased had fallen victim of own negligence. It has also been submitted that there is absence of consistent evidence available on the record to suggest that petitioner was driving vehicle that too in rash and negligence manner. In the aforesaid background conviction recorded by the trial court is not at all found to be maintainable.