RAJ KUMAR TANTI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Shekhar Prasad Sinha, learned counsel appearing for the petitioner and Mr. Tapas Roy, learned A.P.P. for the State.

(2.) This application is directed against the judgment dated 16.11.1998 passed by Shri S.P. Thakur, 2nd Additional Sessions Judge, Dhanbad in Criminal Appeal No. 42 of 1997 whereby and where under the appeal preferred by the petitioner against the judgment dated 004.1997 passed in G.R. Case No. 1556 of 1991 by Shri S.P. Pandey, learned Judicial Magistrate, 1st Class, Dhanbad convicting the petitioner for the offence punishable under Sections 279 and 304(A) of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for one year for the offence punishable under Sec. 304(A) of the Indian Penal Code has been dismissed.

(3.) It has been submitted by the learned counsel for the petitioner that the petitioner is alleged to be the driver of the offending vehicle which had crushed two children. It has been submitted that there is no consistent evidence on the part of the witnesses as even the eyewitnesses had failed to identify the petitioner of being the driver of the offending vehicle. Learned counsel further submits that P.W. - 1 and P.W. - 2 have not witnessed the occurrence and so far as the P.W. - 3 is concerned, who happens to be the informant of the case whose evidence is totally unreliable as there are contradictions galore with respect to his evidence. It has been stated that although P.W. - 3 has disclosed about the petitioner having been confined by the villages for five hours but in spite of the said fact the First Information Report was instituted against unknown persons which itself falsifies the evidence of P.W. - Learned counsel submits that the Investigating Officer has not been examined by the prosecution which itself is fatal for the prosecution. Learned counsel further submits that these facts have not been properly appreciated by the learned court below before convicting the petitioner for the offences punishable under Sections 379 and 304(A) of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for one year under Sec. 304(A) of the Indian Penal Code.