MAHENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned A.P.P. for the State.

(2.) The present Cr. Revision Application has been filed against the order dtd. 28/7/2022 passed in Kako P.S. Case No. 253 of 2001, G.R. No. 1837 of 2001, T.R. No. 417 of 2022 whereby the petitioner was convicted under Ss. 279/304(A) of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of 6 months for the offence punishable under Sec. 279 of I.P.C. and further convicted for rigorous 0imprisonment for a period of 2 years for the offence punishable under Ss. 304(A) of I.P.C. It has also been directed that both the sentences were ordered to be run concurrently and the judgment dtd. 9/11/2022 passed by Sessions Judge, Jehanabad in Criminal Appeal No. 35 of 2022 has also been challenged, by which, the criminal appeal of petitioner challenging the order dtd. 28/7/2022 has been dismissed.

(3.) Learned counsel for the petitioner submits that as per the prosecution story the informant has given information on 21/10/2001 at about 5.30 p.m. that at about 4.30 p.m. the informant and his son Shailendra Mahto aged about 18 years were coming from Kako block. As soon as both of them reached near the Pulia towards east of Village-Auliachak, the truck bearing Registration No.- M.P. 24C 4894 which was being driven rashly and negligently dashed the son of informant, as a result thereof his son fell down and the truck ran over his son who died on spot instantly. The specific allegation is against the driver that he dashed the son of informant, as a result of rash and negligent driving.