NIJAM ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Revision is directed against the judgment of conviction and sentence passed by the learned 2nd Additional Sessions Judge, Latehar in Criminal Appeal No.44 of 2023, whereby the appeal preferred by the petitioner against the judgment of conviction and sentence dtd. 27/6/2013 passed by the Additional Chief Judicial Magistrate, Latehar in G.R. No.262 of 2011 whereby the petitioner was held guilty for the offence punishable under Sec. 279, 337, 338 and 304A of IPC and awarded the sentence to undergo rigorous imprisonment for six months each under Sec. 279 and 337 of Indian Penal Code respectively and he was further sentenced to undergo rigorous imprisonment for two years under Sec. 338 and 304A of the Indian Penal Code respectively and all the sentences have been ordered to run concurrently has been affirmed.

(2.) The factual matrix giving rise to this revision is that on 24/5/2011 at about 5 P.M, the informant along with other passengers proceeded from village Lavarpur on a tempo bearing Reg. No.JH03C-4917 to attain a marriage ceremony. On the next day at about 6:00 A.M, they were returning by the same tempo to village Dadeya and reached near village Tolabarbwadih at about 7 AM, meanwhile due to rash and negligent driving of the said tempo by the driver at a turn, the said tempo turned turtle causing severe injuries to the some passengers and two of them died in course of treatment at Sadar Hospital, Latehar.

(3.) In connection with above accident, Chandwa P.S. Case No.50 of 2011 was registered for the offence under Sec. 279, 337, 338 and 304A of the Indian Penal Code against the driver of the said tempo bearing Reg. No. JH03C-4917. After completion of the investigation, the charge-sheet was submitted against the petitioner, who faced the trial and has been convicted and sentenced as stated above.