SHOWKAT AHMAD NADAF Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner has filed the instant criminal revision petition against order dtd. 11/8/2018 passed by learned Principal Sessions Judge, Srinagar (hereinafter referred to as the appellate court., whereby the learned Sessions Judge has upheld the judgment of conviction/sentence passed by the learned Judicial Magistrate, 1st Class (2nd Additional Munsiff), Srinagar (hereinafter referred to as the trial court), on 20/8/2013, whereby the petitioner has been convicted for offences under Sec. 279, 304-A RPC and sentenced to imprisonment for a period of one year and a fine of Rs.2000.00 in proof of offence under Sec. 304-A RPC and for a period of two months and a fine of Rs.500.00 in proof of offence under Sec. 279 RPC.

(2.) The record of the case reveals that on 12/5/2001, the petitioner was driving a Maruti car bearing No.DDU-6258. A minor girl, namely, Rubeena, was knocked down by the said vehicle, as a result of which she received fatal injuries leading to her death. FIR No.85/2001 for offences under Sec. 279, 304- RPC was registered and the investigation of the case was set into motion. After completing investigation of the case, the charge sheet was laid against the petitioner before the learned trial court. The petitioner was charged for offences under Sec. 279/304-A RPC and the prosecution was directed to lead evidence in support of the charges. Out of 14 witnesses cited in the challan, the prosecution examined only 06 witnesses, namely, PW-1 Noor Mohammad Malla, PW-2 Mohammad Latief Dar, PW-3 Farooq Ahmad Malik, PW-5 Mohammad Ashiq Ganai, PW-6, Mohammad Ashraf Malik and PW-9, Ali Mohammad Kaloo. After the closure of evidence of the prosecution, statement of the petitioner/accused under Sec. 342 of the J&K Cr. P. C was recorded. The learned trial court thereafter passed the judgment dtd. 20/8/2013, whereby the petitioner/accused was convicted.

(3.) The aforesaid judgment of conviction was challenged by the petitioner by way of an appeal before the learned Principal Sessions Judge, Srinagar. The appeal has been dismissed by the appellate court in terms of the impugned judgment dtd. 10/8/2018, whereby the judgment of the trial court has been upheld and the appeal has been dismissed.