SHAILINDAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Mohit Prakash, learned counsel for the petitioner and learned A.P.P. for the State.

(2.) This application is directed against the judgment dated 21.12004 passed by the learned Sessions Judge, Gumla in Cr. Appeal No. 50 of 2004, whereby and where under the judgment and order of conviction and sentence passed by the learned Judicial Magistrate, 1st Class, Gumla on 26.07.2004 in G.R. No. 7 of 2002 (T.R. No. 494 of 2004) by which the petitioner has been convicted for the offences punishable u/s 279 and 304(A) of the Indian Penal Code and sentenced to S.I. for six months and 2 years respectively has been affirmed.

(3.) The First Information Report was instituted by P.W.-1 wherein it was stated that his brother had gone to his in-laws place to bring his wife. It is alleged that on 31.12.2001 informant heard that an accident had taken place in which one person had died. Hearing the said news the informant along with his co-villager Manoj Minz (P.W.2) had gone to the place of occurrence and saw one person dead and the cycle lying in a damaged condition. It is alleged that the deceased was the brother of the informant and the informant had subsequently come to know that a truck had dashed against the deceased and the driver had fled away along with the truck.