Naresh Kumar vs State Of Chhattisgarh
2021 Latest Caselaw 170 Chatt

                                                                                  NAFR
           HIGH COURT OF CHHATTISGARH, BILASPUR

                   Criminal Revision No. 514 of 2010

                      Order reserved on 26.02.2021

                     Order delivered on 07.06.2021

Naresh Kumar, aged about 19 years, S/o. Shiv Narayan, R/o.
Ramgarh, P.S. Sonhat, District Koria (CG)

                                                                       ---- Applicant

                                        Versus
State of Chhattisgarh, Through P.S. Sonhat, District Koria (CG)


                                                                   ---- Respondent

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For the Applicant : Mr. D.N. Prajapati, Advocate For the Respondent : Mr. Sameer Sharma, Dy. GA

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Hon'ble Smt. Justice Vimla Singh Kapoor

CAV Order

Case of the prosecution in brief is that the victim namely

Rambaran, aged about 63 years had come out of his house and

was standing on the way, at the same time, the applicant was

riding a motorcycle bearing registration no. CG-02/2975 and

came there in a rush and negligent manner and hit the victim

from his back, as a result of which, the victim sustained injuries

on the various parts of his body. Thereafter, the victim was

admitted in PHC Ramgarh for treatment during the treatment the

victim died on the hospital on 18.01.2005. Merg (Ex.P-10) was

registered and on the basis of which FIR (Ex.P-9) was registered

against the applicant. After registration of offence and completion of investigation the charge sheet was filed against

the accused/applicant.

2. After examining the material available on record and the

evidence of the witnesses the trial Court convicted the

accused/applicant under Sections 279 and 304 (A) IPC and

sentenced him to undergo RI for six months u/s. 279, RI for one

year u/s. 304(A) IPC. Learned Lower Appellate Court vide

impugned judgment dated 30.09.2010 passed in Criminal no.

04/2008 modified the impugned judgment and convicted the

applicant only under section 304(A) IPC and sentenced him to

undergo RI for six months and to pay fine of Rs. 5000/- plus

default stipulation. Hence, this appeal.

3. Learned Counsel appearing for the applicant submits that he

is not pressing this revision on merit and confining his argument

to the sentence part thereof only. According to him, as the

incident had taken place in the year 2005 and that he has

already remained in jail for a period 8 days, no useful purpose

would be served in again sending him to jail, and therefore, the

sentence imposed upon him may be reduced to the period

already undergone by him.

4. State counsel however, supports the findings recorded by

the both the Courts below.

5. From the statement of the (PW-1) and (PW-2) who are the

eye witnesses to the accident, it is clear that the applicant while

riding the motorcycle bearing registration No. CG-02 / 2475 in a rash and negligent manner and hit the victim, as a result of

which the victim namely Rambaran died in the hospital during

treatment. From the statement of other important witnesses, it

is apparent that the accident occurred due to rash and negligent

manner driving of the offending vehicle by the applicant. No

mechanical fault in the vehicle leading to the accident in

question has been attributed by the defence. In the case at

hand, the applicant has been found to be guilty of rush driving

the vehicle on a public street and his act unfortunately resulted

in loss of a precious human life. A.R. Manikpuri (PW-9) and Arjun

Ram Bhagat (PW-10) have proved the FIR (Ex.P-9) and spot map

(ExP-11) drawn by him, it corroborates that the motorcycle had

swerved to its extreme right and was found lying on the road.

The Doctor (PW-11) who conducted autopsy on the body of the

deceased as also medically examined the deceased has also

supported the case of the prosecution under Ex.P-13. This court

has held that it is common experience that in such localities, old

aged people and children who were trying to cross the road

without taking note of the oncoming vehicle and a duty was cast

on the driver/applicant to drive the vehicle in such a manner and

at such a speed that he could stop the vehicle in the eventuality

of people crossing the road. Further, from the evidence of the

important witnesses, the act of the applicant while driving the

motorcycle in a rash and negligent which resulted in the

horrendous accident claiming the life of the deceased, is

established from the testimony of the material collected by the prosecution, and that way both the Courts below do not appear

to have gone wrong in holding the applicant guilty as described

above, His conviction is therefore, maintained.

6. As regards sentence, keeping in view the fact that the incident

had taken place in the year 2005, that the accused/applicant has

already remained in jail for a period of about eight days and

further that by now he must be leading a well settled life saddled

with innumerable responsibilities, this Court thinks it proper to

reduce the sentence imposed on him to the period already

undergone.

7. Revision is thus allowed in part.

Sd/-

(Vimla Singh Kapoor) JUDGE

Santosh