H. P. Singh, J. - (1.)This criminal revision under Section 397/401 of the Code of Criminal Procedure, 1973, hereinafter referred to "the Code", has been filed by the petitioner against the order dated 08.11.2002 passed in Criminal Appeal No.100/2001 by learned 1st Additional Sessions Judge, Rewa, arising out of judgment of conviction and sentence passed by Judicial Magistrate First Class, Rewa dated 11.05.2001 in Criminal Case No.190/1996, whereby the petitioner was convicted for offence punishable under Section 304-A of IPC and sentenced him to undergo rigorous imprisonment for 1 year and fine of Rs.400/-, with default stipulation.
(2.)The case of the prosecution, in nutshell, is that on 03.05.1993 at about 07:30 a.m., when the deceased Duasiya Bai, aged about 60 years, was going from Village Gahira to Govindgarh, at that time petitioner-Surendra Kumar, who was driving his vehicle (jeep), bearing registration No.WB-40-A/2559, rashly and negligently, hit the deceased from behind, due to that, she succumbed to the injuries on the spot. On complaint of Bhaiyalal (PW/1), FIR (Ex.P/1) was registered by the police against the petitioner and after completing the investigation, police has filed charge sheet against the petitioner for offence punishable under Section 304-A of IPC before the concerned Magistrate.
(3.)During course of trial, the prosecution examined as many as 8 witnesses to bring home the guilt of the petitioner. After examining the petitioner under Section 313 of Cr.P.C., opportunity was also given to him to lead defence evidence for which he denied. While examining the petitioner under Section 313 of Cr.P.C., he stated that he is innocent. In defence, two witnesses, namely, Dharmendra Tamrakar (DW/1) and Janki Prasad Vishwakarma (DW/2) were examined.