GHAMANDI PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. D. K. Chakraverty, learned counsel for the petitioner and Mr. Ravi Prakash, learned A.P.P. for the State.

(2.) This application is directed against the judgment dated 202014 passed by the learned District & Additional Sessions Judge IV, East Singhbhum, Jamshedpur in Criminal Appeal No. 285 of 2009 whereby and whereunder the judgment and order of conviction and sentence dated 13.11.2009 passed by the learned Judicial Magistrate 1st class, Jamshedpur in connection with G. R. Case No. 1862 of 2002 convicting the petitioner for the offences under Sections 279, 337 and 427 of I.P.C. and sentencing him to various terms has been affirmed.

(3.) The prosecution story in brief is that the informant had gone to drop his sister on 16.09.2002 to her school on a Hero Honda motor-cycle and when they had reached near Telco Main gate, a truck bearing registration no. OR-4B/9629 dashed against his motor-cycle and both of them fell down. It has been alleged that his sister who was badly injured was taken to the hospital, where she was declared dead. It has also been alleged that the truck after the accident had fled away. Based on the aforesaid allegations, G. R. No. 1862 of 2002 was instituted in which after investigation, charge-sheet was submitted under Sections 279, 304A, 337 and 427 of the I.P.C., cognizance was taken and thereafter charge was framed under Sections 279, 304A, 337 and 427 of I.P.C. The learned trial court has acquitted the petitioner for the offence under Sections 304A of the I.P.C. while convicting him for the offences under Sections 279, 337 and 427 of I.P.C.