RAGHUVEER SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Revision under Sections 397, 401 of Crimial P.C. has been filed against the judgment and sentence dated 19-10- 2016 passed by 2nd Additional Sessions Judge, Ashoknagar in Criminal Appeal No.128/2015, whereby affirming the judgment and sentence dated 7-11-2015 passed by J.M.F.C., Ashoknagar in Criminal Case No.991/2007, by which the applicant has been convicted under Sec. 337 (on two counts) and under Sec. 304-A of I.P.C. and has been sentenced to undergo the rigorous imprisonment of three months with fine of Rs.200.00 with default imprisonment for offence under Sec. 337 (on two counts) and for a rigorous imprisonment of one year and fine of Rs.1000.00 under Sec. 304-A of IPC, with default imprisonment.

(2.) The necessary facts for the disposal of the present criminal revision in short are that according to the prosecution story, on 31-5-2007 at about 3:30 P.M., the applicant was going on his motor cycle, whereas the deceased and Rakesh Jain were coming on a different motor cycle. Both the motor cycles collided with each other, when the applicant was trying to overtake a tractor and trolley loaded with wheat husk. Dr. Sunil Jain who was standing nearby also suffered injuries. Amit Jain was declared dead whereas Rakesh Jain (P.W.1) also suffered injuries. On the report lodged by Dr. Sunil Jain, the police registered the offence and after completing the investigation, filed a charge sheet against the applicant for offence under Sections 279,337,338,304A of I.P.C. and under Sec. 3/181 of Motor Vehicles Act.

(3.) The Trial Court by order dated 3-9-2007 framed charges under Sections 279, 338, 304-A of I.P.C. and under Sec. 3/181 of Motor Vehicles Act.