RANCHI, India, Dec. 19 -- Jharkhand High Court issued the following order on Nov. 19:
1. The present Criminal revision is filed against the judgment dated 29.04.2015 passed by learned Sessions Judge, West Singhbhum at Chaibasa in Criminal Appeal No.90 of 2014 whereby the judgment of conviction and order of sentence dated 27.11.2014 passed by the learned Sub Divisional Judicial Magistrate, Sadar at Chaibasa in G.R. Case No. 398 of 2007 (T.R. No. 30/2014) has been affirmed with modification in sentence under Section 304A of IPC and the appellant has been held guilty for the offences under Sections 279, 304 A of the Indian Penal Code and sentenced to undergo R.I. for 3 months for the offence under Section 279 of the IPC and modified the sentence under Section 304 A of the IPC to undergo R.I. of six months instead of R.I of one year as awarded by learned Magistrate and both the sentence shall run concurrently.
2. In the present case, FIR being Jagannathpur P.S. Case No. 28/07 dated 20.07.2007 came into existence upon the fardbeyan of one Jamadar Kayam who happens to be father of the deceased. He inter alia stated therein that today, at 4:30 P.M. his son Sanatan Kayam was standing on the left side of pucca road by having bicycle, then one dumper bearing no. OR-09F-7829 came towards Mundui side on which sand was loaded, driven in rash and negligent manner, dashed his son on account of which, his son got badly injured and fell down and bicycle also got damaged.
3. It is further stated that he cried, then villagers assembled there and with the help of villagers injured Sanatan Kayam was taken to Sub-Divisional Hospital, Champua on motorcycle where during course of his treatment, he succumbed to injuries at 5:30 p.m. On the basis of aforesaid fardbeyan, case has been registered against the driver of dumper no. OR-09F-7829.
4. After due investigation, charge sheet has been submitted against the petitioner/convict and substance of acquisition under Section 279, 427, 304A of IPC were explained to the accused in Hindi to which he denied the charges and claim to be tried. 5. To prove its case, prosecution has examined 9 witnesses:- P.W.-1- Sumitra Kayam (mother of deceased), P.W.-2 Jamadar Kayam (Informant and the father of the deceased), P.W.-3 Chandeshwar Mahato, P.W.-4 Sonaram Mahato, P.W.-5 Mangal Sinku, P.W.-6 Jagannath Mahato are the villagers where P.W.-7 Ramji Prasad is the I.O. of the present case and P.W.-8 Girish Chandra Raut is the Doctor and the P.W.-9, Awadesh Kumar is Motor Vehicle Inspector (MVI).
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=oVz058q2ZLjDVEITM0Vw1AGxtLoH68wOJpayaopAZw7GOKc8jKVBFjDAA5kneOK7&caseno=Cr.Rev./708/2015&cCode=1&cino=JHHC010258912015&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.