SARDOOL SINGH Vs. STATE OF UTTARANCHAL & ANOTHER
HIGH COURT OF UTTARAKHAND
State of Uttaranchal and another
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(1.) None turned up on behalf of the revisionist even in the revised call. There is no representation also on behalf of the private respondent. Hence, this Court rendered hearing to learned Brief Holder for the State and has gone through the papers on record.
(2.) There is concurrent finding of conviction against the revisionist. Incident occurred on 22.1.2004. On that day, revisionist Sardool Singh dashed one Dinesh Kumar while driving TATA 407 vehicle bearing registration no. UA-06-4541 in very rash and negligent manner. Revisionist was so careless and neglectful that in the said accident, the deceased, who was a young man, died immediately on the spot. So, he was tried by learned Judicial Magistrate, Kashipur, who vide his judgment and order dated 10.11.2005, found him guilty for the offences under Section 279, 304A IPC and sentenced him to undergo three months' rigorous imprisonment along with fine of Rs. 500/- for the offences under Section 279 IPC, and one year's rigorous imprisonment along with fine of Rs. 3500/- for the offences under Section 304A IPC. In appeal, learned Additional Sessions Judge/FTC, Kashipur, District Udham Singh Nagar affirmed the judgment and order of trial court vide his judgment and order dated 24.5.2006. Hence, this revision.
(3.) As is stated above, revisionist was so slipshod that a young man lost his life. There is concurrent finding against him. Incident has been proved by the eyewitnesses PW1 Manoj and PW2 Nirvesh Kumar. There is no glaring or material contradiction or inconsistency in the testimony of the witnesses. I find no illegality or incongruity in the impugned judgments and orders passed by the courts below and the same require no interference by this Court.;
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