RANJIT MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. J. P. Agarwal, learned counsel for the petitioner and Mrs. Laxmi Murmu, learned A.P.P. for the State.

(2.) This application is directed against the judgment dated 27-6-2005 passed in Criminal Appeal No. 28 of 2005 passed by the Additional Judicial Commissioner, III, Khunti, Ranchi whereby and whereunder the judgment and order of conviction and sentence dated 27-1-2005 passed by the learned S.D.J.M., Khunti, Ranchi in G. R. No. 303 of 2003 convicting the petitioner for the offence under Sections 279 and 304-A of I.P.C. and sentencing him to undergo R. I. for 2 years and 6 months respectively has been affirmed.

(3.) It has been stated by the learned counsel for the petitioner that none of the witnesses had confirmed the fact that it was the petitioner who was driving the vehicle. P.W. 3 claims himself to be eye-witness, but he was about 100 yards distance from the place of occurrence and it is well-nigh impossible for him to identify the petitioner as driver of the said vehicle. He further submits that save and except the statement of P.W. 3, there is no other evidence to suggest that the petitioner was actually driving the vehicle. An alternative argument has been put forward by the learned counsel for the petitioner that if this Court is not inclined to interfere with the order of conviction, the period of sentence be substantially reduced considering the fact that the petitioner is facing the rigours of prosecution case since the year 2003.