GANGA RAM SARDAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Ms. Amrita Banerjee, learned counsel appearing on behalf of the petitioner and Mr. Shekhar Sinha, learned counsel for the State.

(2.) In this application, the petitioner has challenged the judgment dated 18.01.2002 passed by the learned 5th Additional Sessions Judge, Hazaribagh in Criminal Appeal No. 253 of 1998 whereby and where under the judgment and order of conviction and sentence dated 16.09.1998 passed by the learned Judicial Magistrate 1st class, Hazaribagh in G. R. No. 2029 of 1997 convicting the petitioner for the offences under Sections 279 and 304(A) of the I.P.C. and sentencing him to undergo R.I. for one year 6 months has been affirmed.

(3.) The prosecution story as would appear from the FIR is that the informant along with his nephew had gone to the house of his daughter at Charhi and on the next day when he was returning on a trekker, a trailor was coming with high speed at which driver of the vehicle stopped the vehicle on the left side of the road, but the trailor dashed against the trekker leading to the nephew of the informant suffering injury and in course of his treatment, he died. It is alleged that the trailor had fled away after dashing the trekker. On the basis of the aforesaid allegation, Mandu (Charhi) P. Section Case No. 170 of 1997 was registered for the offences under Section 279/304(A) of I.P.C. After investigation culminated in submission of charge-sheet, cognizance was taken and on transfer of the case to the court of learned Judicial Magistrate 1st class, Hazaribagh, charges were framed and thereafter trial proceeded. Since the prosecution has been able to prove its case beyond all reasonable doubt, the petitioner was convicted under Sections 279/304(A) of I.P.C. and was sentenced to undergo R.I. for one year and 6 months for the offence under Section 304(A) of I.P.C. The petitioner preferred an appeal being Criminal Appeal No. 253 of 1998 which however was dismissed by the learned 5th Additional Sessions Judge, Hazaribagh on 16.09.1998.