Showkat Ahmad Nadaf vs State of J&K - 2022 Supreme(J&K) 235

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(J&K) 235

SANJAY DHAR
Showkat Ahmad Nadaf – Appellant
Versus
State of J&K – Respondent

Advocates:
Appearing Counsel :
For the Petitioner(s):Ms. Muzamil Jabeen, Advocate
For the Respondent(s): Mr. Sajad Ashraf, GA

JUDGMENT :

Sanjay Dhar, J. – The petitioner has filed the instant criminal revision petition against order dated 11.08.2018 passed by learned Principal Sessions Judge, Srinagar (hereinafter referred to as the appellate court), whereby the learned Sessions Judge has upheld the judgment of conviction/sentence passed by the learned Judicial Magistrate, 1st Class (2nd Additional Munsiff), Srinagar (hereinafter referred to as the trial court), on 20.08.2013, whereby the petitioner has been convicted for offences under Section 279, 304-A RPC and sentenced to imprisonment for a period of one year and a fine of Rs.2000/- in proof of offence under Section 304-A RPC and for a period of two months and a fine of Rs.500/- in proof of offence under Section 279 RPC.

2. The record of the case reveals that on 12.05.2001, the petitioner was driving a Maruti car bearing No.DDU-6258. A minor girl, namely, Rubeena, was knocked down by the said vehicle, as a result of which she received fatal injuries leading to her death. FIR No.85/2001 for offences under Section 279, 304- RPC was registered and the investigation of the case was set into motion. After completing investigation of the case, the charge she