ORDER

1. This criminal revision is directed against judgement and order dated 19.1.2023, passed by the Additional Sessions Judge/Special judge (Electricity Act No.2) Bhopal in Criminal Appeal No.546/2022 affirming the judgement and order dated 14.10.2022, passed by the Judicial Magistrate, First Class Bhopal in Criminal Case No.2303780/2008 (State of M.P. v. Narendra Soni) convicting accused/applicant under section 304-A of IPC and sentencing him to undergo RI for one year and fine of Rs.500/-. In default of payment of fine, to further undergo RI for 1 month.

2. Facts of the case, in brief, are that on 20.2.2008, Narendra Kumar Lodhi (PW-4) informed ASI - S.C. Mishra (PW-8) posted in P.S. Nishatpura that he runs a Betel shop in a Gumti in front of Raslakhedi at Bhopal-Vidhisha road. Today, at around 2:15 PM minor Nitin Kushwaha along with his aunt (Bua) Lata Kushwaha was going towards Bhanpur from Rasalkhedi on foot and was crossing the road. In the meantime, driver of a tanker driving his tanker rashly and negligently came from Bhopal side and hit Nitin. Nitin fell down on the road and got crushed under the wheels of the truck. He died on the spot. After incident, driver along with