AIJAZ AHMAD KHAN Vs. STATE OF J&K

JUDGEMENT

(1.) THIS criminal revision is directed against the judgment and order dated 12th of September, 2005, passed by Judicial Magistrate, Budgam, in a case titled State V/S Aijaz Ahmad FIR No.242/2003 P/S Sadder under Sections 279, 304 -A RPC and u/s 3/181 Motor Vehicles Act, whereby petitioner came to be convicted and sentenced, and against the order dated 28.4.2006 passed by learned Principal Sessions Judge, Budgam whereby criminal appeal titled Aijaz Ahmad Khan V/S State came to be dismissed and the order passed by learned Judicial Magistrate, Budgam, came to be confirmed/up -held.

(2.) FIR No.242/2003 came to be lodged in Police Station, Sadder with the allegation that the petitioner -accused was driving maruti van bearing registration No.7075 -DL -60E on 25th of July, 2003 rashly and negligently when he was going from Soibugh to HMT and hit one Sajad Ahmad S/O Gh. Rasool R/O Bonapora Soibugh who sustained grievous injuries and succumbed to the injuries. Police conducted investigation, presented challan against the petitioner -accused for the commission of offences punishable under Sections 279, 304 -A RPC and 3/181 Motor Vehicles Act before Chief Judicial Magistrate, Budgam, came to be transferred to Judicial Magistrate, Budgam. On 12th of September, 2005, it framed charge against him. Petitioner -accused pleaded guilty and came to be convicted and sentenced vide impugned order dated 12th of September, 2005.

(3.) FEELING aggrieved, petitioner questioned the impugned order of conviction/sentence by the medium of an appeal before Principal Sessions Judge, Budgam, came to be dismissed vide order dated 28.4.2006.