Ram Gopal vs State Of U.P.
2021 Latest Caselaw 3608 ALL

Citation : 2021 Latest Caselaw 3608 ALL
Judgement Date : 15 March, 2021

Allahabad High Court

Ram Gopal vs State Of U.P. on 15 March, 2021

Bench: Dinesh Kumar Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 16
 

 
Case :- CRIMINAL REVISION No. - 218 of 2021
 

 
Revisionist :- Ram Gopal
 
Opposite Party :- State of U.P.
 
Counsel for Revisionist :- Mahi Pal Singh,Abhishek Singh Pawar,Vikas Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Present revision under Section 397/401 Cr.P.C. has been filed against the judgment and order dated 26.02.2021 passed by the learned Additional District and Sessions Judge/Special Judge, Prevention of Corruption Act, 2003 in Criminal Appeal No.298 of 2018 preferred by the revisionist against the judgment and order dated 15.10.2018 passed by the Judicial Magistrate-II, Lucknow convicting and sentencing the revisionist for offences under Sections 279, 304A, 337 IPC with maximum sentence of one year with fine of Rs.1,000/-.

2. The revisionist was a truck driver which met with an accident as a result thereof Jitendra who along with Daulat Ram was going with bicycle, died because of the injury sustained in the incident. Daulat Ram was also injured who recognized the accused-applicant as driver. Truck was apprehended by the public and the accused-applicant fled away from the scene of the occurrence. In the surrender application, the revisionist has specifically stated that he was driver of the truck.

3. Considering the statement of the injured witness who was also riding the same bicycle on which the deceased was sitting, Trial Court has convicted and sentenced the revisionist for offences under Section 279 IPC for six months imprisonment, under Section 304A IPC for one year imprisonment with fine of Rs.1000/- and under Section 337 IPC for six months imprisonment was awarded. It was also directed that all the sentences would run concurrently.

4. I have perused the impugned judgments passed by the learned trial Court as well as the appellate Court. Conviction is based on the sole testimony of the injured witness who was also on the same bicycle on which the deceased-Jitendra was sitting. I do not find any illegality or perversity of facts or evidence in the impugned order passed by the court below.

5. Present revision being without merit and substance is hereby dismissed.

Order Date :- 15.3.2021

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