- (1.) G. S. N. Tripathi, J. This criminal Revision is directed against the judgment and order dated 27-9-96 passed by the learned Sessions Judge, Kanpur Nagar in Criminal Appeal No. 31 of 1996, whereby he has rejected the appeal of the accused and upheld the order, dated 24-6-96 passed by the Xth Chief Metropolitan Magistrate, Kanpur Nagar. By virtue of this order, the learned Magistrate has convicted the ac cused Abdul Majeed on a charge under Sec tions 279/338/204 IPC and passed a con solidated sentence of 6 months simple im prisonment and further ordered payment of Rs. 500 as fine. On failure to make the payment, 15 days additional S. I. has been awarded.
(2.) THIS revision has been admitted only on the point of sentence. The proved facts are as below. On 12-12-82, at about 11. 30 a. m. in village Bhauta Pratappur Kalpi Road, P. S. Sachen-di, Kanpur Nagar, the accused was driving. Bus No URE-5479 rashly and negligently caused an accident by knocking down Bans Gopal and Devi Prasad, as a result of which, Bans Gopal died on the spot. His cycle was damaged. The other person Devi Prasad also received injuries. The appellant was the driver of the vehicle on the date, time and place.
(3.) BEFORE the learned C. M. M. , oral as well as documentary evidence has been led. After perusal and analysis of the same, the learned C. M. M. has passed the order aforesaid. That order has been upheld by the learned Sessions Judge aforesaid. I have gone through the judgment on the record. I find that both the courts below have intensively considered the evidence available on the record and on that basis they have concluded a finding of fact as noted above. This has not been assailed.;