IMPORTANT POINT
The legal principle emphasized the need for strict punishment for offenders responsible for causing motor vehicle accidents, rejecting the plea to reduce the sentence based on the severity of the offense.

JUDGMENT :

Heard.

1. The present revision filed under Section 397/401 Cr.P.C. is directed against the judgment of conviction and order of sentence dated 10.07.2012 passed in Criminal Appeal No. 180 of 2011 upholding the conviction of the applicant under Section 304-A of IPC, under Section 3/181 and 146/196 of Motor Vehicles Act and sentence of RI for 6 months with fine of Rs. 200/- plus usual default, fine of Rs. 300 and Rs. 500 respectively, as passed by the JMFC, Dondilohara (C.G.) in Criminal Case No. 249/2009 vide its judgment dated 16.03.2010.

2. Case of the prosecution, in brief, is that on 30.08.2008, at about 02:30 pm, deceased Rainlal was going towards village, at that time, the present applicant/Driver of LML Freedom motorcycle bearing registration No. CG 12 B 1068 by driving the same, rashly and negligently dashed the deceased Rainlal, as a result of which, he sustained grievous injuries on his head. He was immediately admitted to the District Hospital Rajnandgaon, but he succumbed to death during the course of his treatment. The incident was witnessed by Roomlal (PW-1), Jhaggarsingh Dewangan (PW-2) and Ashok Kumar (PW-3). Merg intimation was recorded vide Ex.P/2. The dead body was sent for post-mortem examination, which was conducted by Dr. V.P. Maheshwar (PW-6). Thereafter, F.I.R. under Section 304-A of IPC was lodged against the applicant/accused vide Ex.P/8 and the applicant/accused was arrested.

3. After completion of investigation, charge sheet under Section 304-A of IPC was filed before Judicial Magistrate First Class, Dondilohara, District: Durg (C.G.). The applicant abjured the charge and pleaded not guilty while claiming trial.

4. Learned trial Court after appreciation of oral and documentary evidence, convicted the applicant under Section 304-A and sentenced him to undergo RI for 6 months with a fine of Rs. 200/- in default of payment of fine amount, 1 month additional RI, and under Section 3/181 and 146/196 of Motor Vehicles Act with penalty of Rs. 300 and Rs. 500 respectively, vide its judgment dated 16.03.2010 passed in Criminal Case No. 249/2009. The said judgment was challenged by the applicant in criminal appeal, however, the Appellate Court vide judgment dated 10.07.2012, has upheld the conviction and sentence of the applicant as mentioned in Para 1. Hence, this revision.

5. Learned counsel appearing for the applicant submits that the learned appellate Court is absolutely unjustified in convicting and sentencing the applicant for the offence under Section 304-A of IPC, as the prosecution has failed to prove its case beyond reasonable doubt. He further submits that the vehicle of the applicant turned turtle due to the pit and breaker which were present on the road at the place of accident. Alternatively, he further submits that the incident is of the year 2008, the applicant has no criminal antecedent and he is facing the lis since 2008, i.e. for more than 15 years and the applicant remained in jail for more than 2 months, therefore, he may be sentenced to the period already undergone by him.

6. On the contrary, learned State Counsel opposed the revision, while submitting that the appellate Court has not committed any infirmity in upholding the conviction and order of sentence of the applicant warranting no interference by this Court.

7. I have heard learned counsel appearing on behalf of the parties and perused the record minutely.

8. Before the Courts below, as many as 8 witnesses have been examined by the prosecution. Roomlal (PW-1), Jhaggarsingh Dewangan (PW-2) and Ashok Kumar (PW-3) are the eye-witnesses to the incident. PW-1 Roomlal has categorically stated in his Court statement that on the date of incident, his father was coming from home after having food, at that time, the applicant/accused who was the driver of the vehicle LML Freedom, by driving the same in a rash and negligent manner, dashed his father, as a result of which, his father fell down and sustained grievous injuries on his head