2025:CGHC:59313 Digitally signed by AVANISH KUMAR PATHAK Date:

2025.12.16 NAFR

11:34:00 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 637 of 2005 Mohammad Shamim Khan, S/o. Mohd. Aaminuddin Khan, aged about 34 years, R/o. Near Anand Hotel, Samir Bhawan, P.S. Tarbahar, Distt. Bilaspur (CG)

... Appellant versus State of Chhattisgarh, PS Bodhghat, Distt. Bastar ... Respondent For appellant : Mr. Vikash Shrivastava, Adv.

For Respondent : Mr. Shailesh Puria, Panel Lawyer (Hon’ble Mr. Naresh Kumar Chandravanshi, J)

Judgment on Board

5 / 12 /2025

1 This criminal appeal has been preferred by appellant under Section

374(2) of the Code of Criminal Procedure, 1973 (for brevity ‘Cr.P.C.’) challenging the judgment of conviction and order of sentence dated 1- 8-2005 passed by learned Sessions Judge, Bastar at Jagdalpur (CG) in Sessions Case No. 154/2005, whereby the appellant/ accused has been convicted for the offence under Section 304A of the Indian Penal Code and sentenced him to undergo RI for 2 years, to pay fine of Rs. 25,000/- and in default of payment of fine, to further undergo SI for 3 months.

2 Facts of the case, in nutshell, are that, 18-10-2005 at about 8.30 pm, appellant/accused whil