- (1.) G. S. N. Tripathi, J. This revision is directed against the judgment and order dated 15-11-95 passed by the learned Hnd Addl. C. J. M. , Shahjahanpur in Criminal Case No. 452 of 1995, State v. Mukeem whereby, the learned Magistrate has awarded three months' S. I. on a charge under Section 279 IPC and a fine of Rs. 500. On failure to pay the fine, one month's S. I. would have to be undergone additionally. Again the accused revisionist was awarded 6 months' S. I. on a charge under Section 304 IPC and further or dered to pay a sum of Rs. 1,000 as fine. On failure to pay the fine, 2 months' additional S. I. was awarded.
(2.) A Criminal Appeal No. 89 of 95 was filed against the judgment and order dated 15-11-95, which was dismissed by the learned 1st Adi. Sessions Judge, Shahjahan pur vide his order dated 23-10-96. The learned counsel has challenged both the aforesaid judgments before this Court. The admitted position is that on 3-3-92 at about 1 p. m. The revisionist was driving truck No. UPM- 9955 at Puttulal Chauraha. He crushed the father of the complainant, who was trying to escape and the man resultantly died. The accused was arrested on the spot. After usual investiga tion, a charge sheet was laid against the revisionist, which resulted into his convic tion and sentence as noted above. This revision has been admitted only on the point of sentence.
(3.) I must thank the learned counsel that he has not challenged the finding of fact recorded by both the courts below. The injuries received by the deceased, have been noted at page 2 of the learned Addl. Sessions Judge's judgment. It has been found that the accused was driving the vehicle recklessly and very fast. The truck first dashed againt an electric pole and thereafter, it dashed against the Khokha, which was further in the west of the road, where the deceased was doing the work of repairing cycles. The whole of the truck went on the thigh of the deceased as a result of which, he received injuries and died.;