INDRADEO YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned APP for the State.

(2.) Petitioner is aggrieved by judgment dated 22nd October 2009 passed by Sri Rakesh Malviya, Judicial Magistrate, 1st Class-Begusarai in G.R. No. 1374/1998 whereby and whereunder petitioner has been found guilty under Section 279, 337, 338, 304 (A) of the IPC and further has been directed to undergo S.I. for three months under Section 279 IPC, S.I. for three months under Section 337 IPC, S.I. for one year for an offence punishable under Sections 338 IPC and S.I. for one year under Section 304(A) of the IPC as well as also has been slapped with a fine of Rs.10,000/- out of which Rs. 5000/- was directed to be paid to the parents of deceased Mamta Kumari in terms of Section 357 of the Cr.P.C. in default thereof to undergo S.I. for two months directing the sentences to run consecutively, as well as the judgment of confirmation dated 06.03.2013 passed by Ad hoc District & Sessions Judge, IV Begusarai in Cr. Appeal No. 146/2009.

(3.) Pw-2 had given his Fard-e-beyan on 17.06.1998 disclosing therein that while he along with his sister's daughter, Mamta Kumari and aunti Ramrati Devi were coming to the house crossing national highway at Khajopur Chowk, one Maxi Taxi bearing Registration No. BR09M/8283 which was being rashly and negligently driven by its driver without blowing horn came from western side and after dashing Mamta Kumari and Ramrati Devi escaped towards eastern side. Mamta Kumari died at the spot while Ramrati Devi was taken to the hospital.