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FAKHRUDDIN
Murari – Appellant
Versus
State of M. P. – Respondent
The applicant has filed this revision against his conviction under section 304A. Indian Penal Code, and sentence of nine months simple imprisonment and a fine of Rs.2,000/- and in default to further simple imprisonment for six months, passed by the Fifth Additional Sessions Judge, Morena, in Criminal Appeal No.19/1994, vide judgment dated 12.9.1997, whereby the lower appellate Court while affirming the conviction under section 304A, IPC, reduced the sentence of imprisonment from one year to nine months and affirmed the fine, passed by the Judicial Magistrate First Class, Jaura (District Morena), in Criminal Case No.82/1986. decided on 22.1.1994.
Briefly stated, prosecution case is that the applicant on 8.5.1986 at about 9 p.m. in the night was driving truck bearing No. MPW/1875. The truck was carrying stone slabs. Several people including the three deceased persons and the injured were sitting on the stone slabs in the truck. Due to rash and negligent driving of the truck by the applicant. near village Khera the truck overturned as a result of which two children named Guddu and Pappu and a lady named Shakuntala who were sitting on the stone slabs in the truck died and one
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
A valid signature must be in the candidate's own handwriting, as emphasized by the General Clauses Act and relevant case law.
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