Vinod Prasad - (1.) -Revisionist Ram Chandra was the driver of U. P. S.R.T.C. Bus No. U.P. 07A-791. On 23.6.1992 at about 1 p.m. he accidented his aforesaid bus with a Scooter No. U.P. 015 B-0400. Subsequently, the plier of the scooter Pramod Jaiswal lost his life in the hospital.
(2.) IN respect of the said incident an F.I.R. was lodged against the revisionist as Crime No. 298/92, under Sections 279, 338, 427 and 304A, I.P.C., P. S. Dauraia, District Meerut. The ensued investigation resulted in filing of the charge-sheet against the revisionist and a case was registered in the Court of C.J.M., Meerut. In the trial Deo Datt Sharma P.W. 1, Raj Singh P.W. 2, Ravindra Kumar P.W. 3, Punit Kumar P.W. 4, Smt. Samim Bano P.W. 5, V. K. Bajpai P.W. 6, S.I. O.S.D. Dubey P.W. 7, H.C. M.T. Ramesh Chand Tripathi P.W. 8 and S. I. Devi Ram P.W. 9 were examined by the prosecution. Out of the aforesaid witnesses Samim Bano P.W. 5 was the pillion rider of the same Scooter, which was plied by Pramod Jaiswal and she has also sustained injuries in the said incident and was admitted for a month in the hospital.
(3.) THE said Samim Bano P.W. 5 supported the prosecution version in full and finding the prosecution case proved to the hilt that the C.J.M., Meerut vide his order dated 7.7.2004, convicted the revisionist under Sections 279, 338, 427 and 304A, I.P.C. and sentenced him to one month imprisonment with a fine of Rs. 200 on the first count, two month's imprisonment and a fine of Rs. 200 on the second count, two month's imprisonment with a fine of Rs. 200 on the third count and three month's imprisonment with a fine of Rs. 4,000 on the last count. Out of the aforesaid amount, Rs. 3,000 was ordered to be paid as compensation to the heirs of the deceased and Rs. 1,000 was ordered to be deposited in the State Treasury. In default of payment of fine on the first three counts, revisionist was ordered to undergo 7 days further imprisonment for each of the counts and in default of payment of fine under Section 304A, I.P.C. he was directed to further undergo one month further imprisonment. It was also ordered that but for the sentence in default of payment of fine, rest of the sentences shall run concurrently. The order for the said conviction and sentence dated 7.7.2004 was unsuccessfully challenged in Appeal No. 48/04, Ram Chandra v. State, before Sessions Judge, Meerut by the revisionist as his appeal was dismissed by Additional Sessions Judge, Court No. 1, Meerut, vide impugned order dated 2.5.2008. Hence, this revision challenging the said conviction and sentences.;