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2024 Supreme(Online)(MP) 38593

HIGH COURT OF MADHYA PRADESH
G.S. AHLUWALIA, J
Unnisa @ Jagdish – Appellant
Versus
State Of M.P. – Respondent


Advocates:
B.L.Kushwah,Uma Kushwah,Sanjeev Kushwah,Advocate General

Table of Content
1. accident details (Para 2 , 3 , 6 , 7 , 8 , 9 , 11 , 12)
2. trial court proceedings (Para 4 , 5)
3. defense arguments (Para 10)
4. court's reasoning (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24)

JUDGMENT

This Criminal Revision under Section 397,401 of Cr.P.C. has been filed against the Judgment and Sentence dated 20-7-2006 passed by 3rd Additional Sessions judge (Fast Track Court), Dabra, District Gwalior in Criminal Appeal No. 180 of 2005 and Judgment and Sentence dated 7-7-2005 passed by J.M.F.C. Dabra, Distt. Gwalior in Criminal Case No. 30/1994, by which the applicant has been convicted for offences under Sections 279 ,304A,337 and 338 of IPC and has been sentenced to undergo R.I. for 2 years and a fine of Rs. 2500/- for offence under Section 304-A of IPC .

2. According to the prosecution story, on 2-6-1992, the applicant was driving tractor bearing registration No. MBW 885 and the injured Hemvati, Signature Not Verified Manoj, Sushil Kumar, Vimla, Ajeet Singh etc. were sitting in the trolley No. MBW 885. The applicant was driving the tractor in rash and negligent manner. When the tractor crossed Adampur culvert, he turned back and started collect

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