JHARKHAND HIGH COURT ISSUES ORDER ON MD. EZAJ V/S THE STATE OF JHARKHAND AND ANR.

RANCHI, India, June 18 -- Jharkhand High Court issued the following order on May 15:

1. Heard learned counsel for the parties.

2. The instant criminal revision is directed against the judgment of conviction and order of sentence dated 29.03.2017 passed by learned trial Court upheld by the learned appellate Court in Cr. Appeal No. 22 of 2017 whereby and whereunder, the petitioner has been convicted for the offence under Sections 279/337/427/304(A) of the I.P.C. and sentenced to undergo two years R.I. along with a fine of Rs. 10,000/-, in default of payment of fine, S.I. for two months for the offence under Section 304(A) of the IPC. The petitioner was further directed to undergo onemonth S.I. along with a fine of Rs. 1000/- and in default of payment of fine, S.I. for 15 days for the offence under Section 279 of the IPC. Petitioner was further directed to undergo three months S.I. along with a fine of Rs. 5000/- and in default of payment of fine, S.I. for one month under Section 427 of the IPC. The petitioner was also sentenced to S.I. for three months for the offence under Section 337 of the IPC. The petitioner has been given benefit of Section 428 Cr.P.C. to set off the period undergone.

3. The factual matrix giving rise to this revision is that on 31.08.2014, at about 3:30 PM, informant along with his family members boarded on Bolero vehicle bearing Registration No. JH-03G-7679 was returning from Daltonganj to Ranchi. It is alleged that when the Bolero vehicle reached near Kuru Bus Stand, Chandwa Road, meanwhile, a Truck bearing Registration No. JH-03AH-3234 coming from opposite direction being driven very rashly and negligently by its driver dashed Bolero vehicle. The informant's elder brother got severe injuries and Bolero vehicle was also damaged. Other family members have also sustained injuries. It is alleged that elder brother of the informant was brought to Community Health Centre, Kuru from where he was referred to Ranchi for better treatment but in course of treatment, he died on the same day. It is claimed that the said accident took place due to rash and negligent driving of truck by its driver.

4. On the basis of above fardbeyan, F.I.R. was registered as Kuru P.S. Case No. 77 of 2014 for the offence under Section 279, 337, 338, 304(A) and 427 of the IPC.

5. After completion of the investigation, charge-sheet was submitted against the present petitioner who happens to be driver of the said truck at the relevant time of accident.

6. The accused denied from the charges and claimed to be tried.

7. In the course of trial, altogether six witnesses were examined by the prosecution.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=eISc8sUCYnQFBVP%2BVeJCOCvyQFkGbJW2is35JlTIL8ob7iBwLr909swXHCZy%2FDhg&caseno=Cr.Rev./1085/2017&cCode=1&cino=JHHC010223802017&state_code=7&appFlag=)

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