The High Court allowed the revision application and quashed the conviction and sentence under section 279 IPC, holding the prosecution failed to prove rash and negligent driving as the deceased was in the middle of the road and speed was unproven.
Judgment of conviction and order of sentence under section 279 IPC set aside; Petitioner acquitted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 157 of 2010
Sikandar Rai ----Petitioner Versus The State of Jharkhand ----Opp. Party ---
CORAM: Hon’ble Mr. Justice Ambuj Nath
For the Petitioner: Mr. Kumar Pawan, Amicus Curiae For the State: Mr. Shiv Shankar Kumar, A.P.P
06 / 08.08.2023 Petitioner Sikandar Rai has filed this revision application against the judgment dated 01.02.2010, passed by Shri A.K. Choudhary, Sessions Judge, Godda (As His Lordship was then) in Criminal Appeal No. 12/2009, whereby and wherein, the learned Sessions Judge, Godda dismissed the appeal of the petitioner and upheld the judgment of conviction and order of sentence dated 18.02.2009, passed by Shri R.K. Singh, Judicial Magistrate, 1st Class, Godda in G.R. Case No. 264/2002 arising out of Meharma P.S. Case No. 39/2002, holding the petitioner guilty of the offence under section 279 I.P.C and sentencing him to undergo S.I for six months for the aforesaid offence.
Registration no. MP-23-DA-3472 being rashly and negligently driven by the petitioner, dashed Fanikant @ Fantus, due to which, he sustained injury and ultimately, he succumbed to his injuries. Other prosecution witnesses have corroborated the statement of the Informant Mishri Paswan (P.W-1). They have stated that Fanikant @ Fantus was run over by the dumpher bearing Registration no. MP-23-DA-3472 which was being driven by the petitioner.
(Ambuj Nath, J)
Ranjeet/
2 issues framed by the court
Whether the prosecution proved beyond reasonable doubt that the accident was caused by rash and negligent driving.
Whether the acquittal on section 304-A IPC despite lack of doctor was erroneous.
2 provisions across 1 enactments
Sikandar Rai
The State of Jharkhand
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
