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1992 Supreme(MP) 264

S.K.CHAWLA
RAMDAYAL – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
Alka Pandya, N.P.Dubey

S. K. CHAWLA, J.

( 1 ) BY this revision, the accused challenges his conviction and sentence for the offence under Section 304-A of the Indian Penal Code.

( 2 ) IT was the prosecution story that on 3/5/1981 at about 9. 00 A. M. applicant Ramdayal Singh was driving a speeding truck (CPD 8478) along Indore-Bhopal high way. Near village Refiqueganj on that high way, the applicant by his truck knocked down a labourer of P. W. D. gang named Mohd. Khan, who was at that time pushing a hand trolley along that road. Mohd. Khan was knocked down while he on the left side of the road itself. He died on the same day. On trial, Judicial Magistrate First Class Sehore convicted the applicant of the offence under Section. 304-A I. P. C. and sentenced him to R. I. for 1-1/2 years and find of Rs. 4,000. 00, in default to further R. I. for four months. In appeal Sessions Judge Sehore maintained the conviction of the appellant but slightly reduced the sentence by visiting the applicant with R. I. for one year and fine of Rs. 1,000. 00, in default to further R. I. for three months. Aggrieved by the appellate judgment, the applicant has now come in revision to this Court.

( 3 ) HAVING heard learned counse






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