SHANKAR MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This criminal revision application is directed against the judgment dtd. 14/5/2009 passed by the learned Sessions Judge, Dumka in Criminal Appeal No. 50 of 2009, dismissing the appeal and upholding the judgment of conviction and order of sentence dtd. 2/3/2009 passed by the learned Judicial Magistrate, Ist Class, Dumka in G.R. Case No. 966 of 2003, corresponding to T.R. No. 354 of 2009, whereby the petitioner has been convicted under sec. 279 and 304 A I.P.C. and sentenced him to undergo S.I. of one year along with fine of Rs.1000.00 under Sec. 304 A I.P.C. and S.I. of three months u/s 279 I.P.C. in default of payment of fine further imprisonment for one month S.I. both sentences are directed to run concurrently.

(3.) The prosecution case in brief is that on 25/9/2003 at about 3/3/15 p.m. one Debu Dehri, with whom the informant went to watch a football match was crushed to instantaneous death by a Bus driven very rashly and negligently. Fardbayan was recorded on the same day on the basis of which Gopikander P.S. Case No. 16/2003 under Sec. 279, 304 A I.P.C. was registered.