SURAJ RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Dinu Kumar, learned counsel for the petitioner and Mr. Md. Arif, learned APP for the State.

(2.) The petitioner has moved the Court under Sections 397 and 401 of the Code of Criminal Procedure, 1973, against the order dated 09.08.2018 passed by the 1st Additional Sessions Judge, Muzaffarpur, in Criminal Appeal No.27 of 2017, by which the judgment of conviction and sentence dated 28.02.2017 passed by the Additional Chief Judicial Magistrate, 13th, Muzaffarpur, in G.R. No.1528 of 2006/ Trial No.616 of 2016 arsing out of Bochaha P.S. Case No.73 of 2006 dated 18.06.2006, has been upheld.

(3.) The petitioner was charged being driver of the vehicle, which killed one person an injured others, and upon trial was convicted under Sections 279 and 304-A of the Indian Penal Code (hereinafter referred to as the 'Code'). He was sentenced to undergo simple imprisonment of four months under Section 279 of the Code and rigorous imprisonment of two years and fine of rupees one thousand under Section 304-A the Code and, in default, to undergo further simple imprisonment for two months. Criminal Appeal No.27 of 2017 filed by the petitioner was also dismissed by judgment dated 09.08.2018.