SATYANARAYAN Vs. STATE OF MADHYA PRADESH
HIGH COURT OF MADHYA PRADESH
STATE OF MADHYA PRADESH
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(1.) By this revision petition under section 397 of the Cr.P.C., 1973 accused/applicant challenged the conviction and sentence for the offence under Section 304(A) of the IPC.
(2.) As per prosecution case, on 10/10/2015, at about 10 a.m., near Kothariwas, Police-Station Manak Chowk, District-Ratlam, the applicant Satyanarayan, knock-down a 5 years boy-Fardin from his jeep bearing registration No. MP- 02-RD-4309, who was at that time crossing the road and fled away from the spot after leaving his jeep there. Injured-Fardin got to the hospital, where he was declared dead. After completion of investigation police filed a charge-sheet before the Court of Judicial Magistrate First Class, Ratlam. After due appreciation of the material available on record, the trial Court has convicted the applicant-Satyanarayan for the offence punishable under Section 304(A) of the IPC and sentenced him to undergo 1 years R.I. and to pay fine of Rs. 500/- with default stipulation. Being aggrieved with the impugned order applicant has preferred an appeal before IIIrd Additional Sessions Judge, Ratlam which was dismissed by affirming the conviction of the applicant, however, reduced the sentence from 1 years R.I. to 3 months R.I. and to pay fine of Rs. 500/-. Aggrieved by the impugned judgment of the Additional Sessions Judge, the applicant preferred present revision petition before this Court.
(3.) It is submitted on behalf of the learned counsel for the applicant that if all the allegations made in the charge-sheet are accepted as such on their face value still the primafacie a charge for offence under Section 304(A) is not made out against the applicant. There are no material available on record to the effect that the applicant was found rash or negligent in any manner.;
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