MANGOO PRASAD GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision is directed against the judgment dated 10-8-90 passed by District and Sessions Judge, Singhbhum in Cr. Appeal No. 19-C/89 thereby and thereunder the conviction of the petitioner under Section 338 of the IPC as recorded by Shri B.K. Prasad, Judicial Magistrate, 1st Class, Jamshedpur in GR Case No. 1048 A/83 was confirmed and the conviction of the petitioner under Section 279 of the IPC was set aside.

(2.) The fact in short for the purpose of this application is that on 30-61983 at about 7 p.m. the informant, Anwar Salim (P.W 3) sitting in a standing tempo near Dhadkidih Chowk under Bistupur P.S. then a truck bearing its registration No. BHT 5811 stopped ahead of the tempo and the driver of the truck got down and went to a betel shop for taking betel leaving the truck in start condition. It has been alleged that the truck began to move backward and though the informant tried to escape from the tempo the truck dashed causing fracture of his hand then he was taken to Tata main hospital and after that this case was instituted at Bistupur P.S.

(3.) The petitioner claimed himself innocent and denied that he was responsible for the accident. However, trial Court in GR Case No. 1048A/83 found the petitioner guilty under Sections 279 and 338 of the IPC and convicted and sentenced him to undergo RI for six months each. On appeal preferred by the petitioner in Cr. Appeal No. 19-C/89 conviction of the petitioner under Section 279 of the IPC was set aside but his conviction and sentence under Section 338 of the IPC was confirmed.