MD. HABIB Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard M/s. Rupali Dungdung, learned counsel appearing for the petitioner and Mr. Krishna Shankar, learned A.P.P.

(2.) This application is directed against the judgment dated 24.03.2000 passed by the learned 1st Additional Sessions Judge, Chaibasa in Criminal Appeal No. 34 of 1996 whereby and where-under the appeal preferred by the petitioner against the judgment and order of conviction and sentence passed by the learned S.D.J.M., Sadar at Chaibasa on 28.06.1996 in connection with Jagannathpur P.S. Case No. 23 of 1993 convicting the petitioner for the offence punishable under Section 304A/34 of the Indian Penal Code and sentencing him rigorous imprisonment for six months and one year respectively has been dismissed.

(3.) It has been submitted by the learned counsel for the petitioner that there has been a delay in institution of the First Information Report. It has been stated that the informant is not an eye-witness and the evidence of P.W. 2 and P.W.-3 cannot be relied upon. Learned counsel further submits that P.W.-4 is the brother of the deceased and being an interested witness his evidence also has to be discarded. Learned counsel further submits that the independent witnesses P.W.-2 and P.W.-3 have never stated about the rash and negligent driving on the part of the petitioner. It has also been stated that these witnesses have also not said anything about seeing the petitioner boarding on the roof top of the bus. Learned counsel has put forwarded an alternative argument to the effect that if this Court is not inclined to interfere in the judgment of conviction, the period of sentence imposed upon the petitioner be modified.