NATHUNI SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This revision application is directed against the judgment dtd. 26/7/2004 passed by learned 4th Additional Sessions Judge, Palamau , Daltonganj in Criminal Appeal No.102/2000; whereby the judgment of conviction and order of sentence, both dtd. 21/8/2000, passed by the learned Judicial Magistrate, 1st Class, Daltonganj corresponding to G.R. No.25/94 in Trial No.351/2000; whereby the petitioner was convicted u/s 279, 337, 338, 304A IPC and was sentenced to undergo S.I. for Six months each for the offence under Ss. 279, 337 IPC, and to undergo two years S.I. each for the offence under Sec. 338 and 304A IPC and the sentences were ordered to run concurrently, has been partly modified. The appellate court has partly allowed the appeal by modifying the judgment to the extent by acquitting the petitioner for the offence under Ss. 337 and 338 IPC; however, sustained the conviction for the offence under Ss. 279 and 304A IPC.

(3.) The prosecution case in short is that informant Mukesh Pandey and Sanjay Pandey proceeded from their house to go to Daltanganj and Ranchi when they reached main road, they saw that Niraj Bus was coming from the side of Garhwa at high speed. Sanjay Pandey gave signal with his hand to the bus driver to stop the bus, but as the bus driver was plying the bus in high speed rashly/negligently, the bus dashed into Sanjay Pandey and he fell down and sustained grievous injuries on his head and leg. After some time, he succumbed to injuries.