- (1.)Applicant has filed this criminal revision under section 397 r/w section 401 of Cr.P.C. being aggrieved by the impugned judgment dated 13.10.2005 passed by Additional Sessions Judge, Dindori (M.P.) in Criminal Appeal No.09/2002, arising out of judgment dated 18.12.2001 passed by J.M.F.C., Dindori in Criminal Case No.64/2000, whereby the applicant has been convicted under Section 304-A and 337 of I.P.C. and sentenced to R.I. for one year and R.I. for three months respectively.
(2.)The prosecution story in brief is that Smt. Sukhmat Bai was traveling along with his husband Kamal Singh Gond on 23.06.2004 in Truck No.M.P.20/6426 of M.P.E.B. Department which was being driven by appellant rashly and negligently on account of which the truck turned turtle, as a result of which Kamal Singh Gond died on the spot. After due investigation,the charge sheet was filed.
(3.)Shri M.A. Khan, learned counsel for the appellant has submitted that as per statement of prosecution witnesses PW-4 Lallu Singh and PW-5 Mohan Singh who were even not declared hostile by the prosecution, they have specifically stated that a dog came in front of the truck and appellant tried to save the dog due to which the truck turned turtle, meanwhile the barring of the staring was broken.