YAKUB PAUL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner on being tried for the offence punishable under Sections 279.304A I.P.C, was found guilty as charged and sentenced to six months and two years respectively with a direction that the sentences of imprisonment will run concurrently.

(2.) The petitioner aggrieved by the said order of conviction and sentence passed by the Judicial Magistrate, 1st class, Khunti, filed an appeal and the appellate Court confirmed the order of conviction and sentence passed by the trial Court by dismissing the said appeal. Hence, this present revision.

(3.) The petitioner was a driver and was driving his vehicle, Tata Sumo, at about 6.15 pm on 11- 6-2001 on the National Highway No 33 at that time the informant, Thakur Prem Prakash Narayan, who was examined as P W 5 and his brother, Thakur Shiv Prakash Harayan, were returning to Ranchi in two separade motorcycles. While they were at Edelhatu, the Tata Surtlo driven by the petitioner dashed against the motor cycle in Which Takur Shiv Prakash Narayan was driving, as a result of which he suffered injury, he was taken to hospital where he was pronounced dead One of the cyclists on the road suffered injury. According to the prosecution witnesses, P.Ws. 5,6 and 7, the petitioner, who was ihe driver of the vehicle, was driving his Tata Sumo in a rash and negligent maner at a high speed and therefore, the occunence had taken place. The Court below accepted the prosecution version and found the petitioner guilty and sentenced him as taterd earlier