JITENDRA TIWARY Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) The petitioner is aggrieved by the Judgment dated 19.1.2000 passed by the learned Sessions Judge, Palamau, in Cr. Appeal No. 67 of 1999, whereby the appeal filed against the Judgment of conviction and Order of sentence dated 9.6.1999 by Sri P.N. Rai, learned Judicial Magistrate, 1 st Class Daltonganj, in G.R. Case No.142 of 1996 / T.R. No.664 of 1999, convicting and sentencing the petitioner for the offences under Sections 279 and 304A of the I.P.C., has been dismissed by the learned Appellate Court below. It may be stated that the Trial Court had sentenced the petitioner to undergo R.I. for six months under Section 304A of the I.P.C., and to a fine of Rs.500/- for the offence under Section 279 of the I.P.C. and in default in making the payment of fine; the petitioner was to go simple imprisonment for 15 days. The conviction and sentence of the petitioner passed by the learned Trial Court below has also been upheld by the learned Appellate Court below.

(3.) Petitioner was made accused in Sadar P.S. Case No. 45 of 1996, corresponding to G.R. No.142 of 1996, which was instituted on the basis of the fardbeyan of one Rajmuni Baitha, who has stated that on 7.2.1996 at about 9:45 AM, while his nephew, a boy aged about seven years, was passing the road, the truck No. MP 27B 0232, which was being rashly and negligently driven, crushed the boy under the truck, causing his death at the spot. The driver tried to flee away, but the informant, who was present there, jumped over the truck and overpowered the driver at some distance. Subsequently, the truck and the driver were produced before the police, on the basis of which, the police case was instituted and investigation was taken up. After investigation, police submitted charge-sheet in this case and ultimately the petitioner was put to trial.