RAKESH MOHAN PANDEY,J. - (1.)The applicant has filed the instant criminal revision under Sec. 397 read with Sec. 401 of Cr.P.C. against the judgment dtd. 21/7/2010 passed by the Sessions Judge, Raigarh, District Raigarh (C.G.) in Cr.A. No. 19/2009, affirming the judgment of conviction and order of sentence dtd. 30/5/2009 recorded by the learned Judicial Magistrate, First Class, Dharamjaigarh in Criminal Case. No. 355/2006 whereby the applicant has been convicted for commission of offence punishable under Sec. 304(A) of IPC and sentenced to undergo R.I. for six months.
(2.)Case of the prosecution is that on 9/5/2006 at about 12:15 pm deceased Dharam Singh Rathiya alongwith his wife Jagmati was going to Village Hati from Beharmal by motorcycle bearing registration No. C.G. 13 B 7144, meanwhile one Bus bearing registration No. C.G. 13 Z A0146 of Avtaar Company was coming from front side and the said offending bus was being driven by the present applicant in a rash and negligent, dashed the motorcycle from front side as a result of which Dharam Singh Rathiya and his wife Jagmati sustained injuries. After that injured persons were taken to the government hospital where Dharam Singh Rathiya died and Jagmati was taken to Raigarh for further treatment, where she also died. F.I.R. was lodged by P.W.-1 Neelamber Patel on 9/5/2006 and Crime No. 48/06 for the offences punishable under Ss. 279 and 337 of IPC were registered against the applicant. Dead bodies of Dharam Singh Rathiya and his wife Jagmati were sent for postmortem. Police seized the offending vehicle and its documents from the possession of the applicant. The police after investigation, filed charge-sheet for the offence punishable under Ss. 279, 337 and 304(A) of IPC
(3.)The learned trial Court framed charge under Sec. 304(A) of IPC against the applicant. The applicant abjured the charge. Prosecution examined 16 witnesses and exhibited 18 documents to prove guilt of the applicant. Statement of the applicant under Sec. 313 of Cr.P.C. was recorded and the applicant examined one defence witness. The trial Court after appreciation of oral and documentary evidence, convicted the applicant under Ss. 304(A) of IPC. Thereafter, the applicant preferred an appeal against the judgment of conviction and sentence dtd. 30/5/2009 recorded by trial Court before the learned Sessions Judge, Raigarh, District Raigarh (C.G.) and the same was heard and decided by affirming the conviction and sentence under Sec. 304(A) of IPC recorded by the learned J.M.F.C., Dharamjaigarh.