Jharkhand High Court
Nilkamal Mahato vs The State Of Jharkhand on 7 August, 2023
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 215 of 2011
Nilkamal Mahato ... ... Petitioner
- Versus -
The State of Jharkhand ... ... Opposite Party
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CORAM: - HON'BLE MR. JUSTICE AMBUJ NATH
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For the Petitioner : M/s. J. N. Upadhyay, Advocate
For the State : M/s. B. N. Ojha, A.P.P.
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07/07.08.2023 Heard the Parties.
The petitioner has filed this application against the
judgment dated 29.09.2010, passed by Sri S. K. Jha, learned
Additional Sessions Judge- Cum-F.T.C.,-VI, Jamshedpur, East
Singhbhum passed in Cr. Appeal No. 09/2007, whereby and
wherein the learned Additional Sessions Judge-Cum-F.T.C.,-VI,
Jamshedpur, East Singhbhum dismissed the appeal of the petitioner
and affirmed the judgement of conviction and order of sentence
dated 11.12.2006, passed by Sri A. K. Tiwari, learned J.M.F.C.,
Jamshedpur in connection with G. R. No. 1029/1999, arising out of
Patamda P.S. Case No 26/1999, holding the petitioner guilty of
offence under sections 279, 337, 338, 304 (A) of the Indian Penal
Code and thereby sentencing him to undergo R.I. for 5 months each
for the offences under sections 279/ 337 of the Indian penal code
and R.I. for two years for the offence under section 304(A)/338 of
the Indian Penal Code for each of the offences. All the sentences
were ordered to run concurrently, period already undergone by the
petitioner during the trial was ordered to be set off.
The prosecution case was instituted on the basis of
fardbeyan of the informant alleging therein that on 12.06.1999 at
about 06:15 A.M., he alongwith his mother was going on a bus
bearing registration number BR-16-9765. The bus was driven by
this petitioner in a very rash and negligent manner at a very high
speed. When they reached near Mirzadih, the driver of the vehicle
lost control and the bus turned turtle causing injuries to several
person and one of the injured Nimai Singh died during the course of
treatment.
In order to prove its case the prosecution has adduced
both oral and documentary evidence.
Haradhan Singh P.W.7, Madhusudan Das P.W.8, Anand
Singh P.W.9, Haldhar Kalindi P.W.10, Shiv Kumar @ Sukhu Singh
P.W.11. all have stated that they were the passengers going to
Sakchi on the offending vehicle on the date and time of occurrence.
They have stated that the petitioner was driving the offending
vehicle at the time of accident. Anand Singh P.W.9, Haldhar Kalindi
P.W.10 and Shiv Kumar @ Sukhu Singh P.W.11 all have stated that
the petitioner was driving the delinquent vehicle in a very rash and
negligent manner at a very high speed due to which he lost control
on the vehicle and the vehicle turned turtle and one person died in
the accident. Haradhan Singh P.W.7 and Madhusudan Das P.W.8
have also stated that the bus had turned turtle near Alkatra factory
and they sustained injury in the said accident. Haradhan Singh
P.W.7 has stated that the petitioner was driving the vehicle at a very
normal speed. Madhusudan Das P.W.8 has stated that he cannot say
whether the accident took place by the petitioner.
Dr. Milind Kumar Sinha P.W.1 had examined the
injured persons. He has stated that he had examined 7 injured
persons some of whom had received grievous injuries. He has stated
that the injured persons had suffered injury in a road vehicular
accident.
Dr. Yogendra Nath P.W.2 is the doctor who has
performed post-mortem on the dead body of the of the deceased
Nimai Singh. According to this witness the deceased Nimai Singh
died due to grievous injuries caused by hard and blunt substance.
He has proved the post-mortem report which is Ext.- 2.
Ram Vilash P.W.6 is the investigating officer of this
case, he has proved the formal FIR which is Ext.- 3. He has proved
the place of occurrence and has described the boundary of place of
occurrence at paragraph 4.
From the oral testimony of the prosecution witnesses, it
is apparent that the injured witnesses who were travelling on the
offending vehicle at the time of accident, namely, Anand Singh
P.W.9, Haldhar Kalindi P.W.10 and Shiv Kumar @ Sukhu Singh
P.W.11 have categorically stated that the accident had taken place
due to rash and negligent driving of the petitioner.
From the injury report which are Ext.-1 series, it
appears that some of the injured persons had sustained simple
injuries while other had sustained grievous injuries. It further
appears from the postmortem report Ext.-2 that the findings in the
postmortem report fully corroborates the oral testimony of Dr.
Yogendra Nath recorded during the trial regarding the nature of the
injury and cause of death of the deceased Nimai Singh.
From the aforesaid oral and documentary evidence
adduced by the prosecution, it is clear that on 12.06.1999 at about
06:15 A.M., due to rash and negligent driving of the petitioner, bus
bearing registration number BR-16-9765 turned turtle due to which
several persons were injured and some of them also sustained
grievous injuries. One of the passenger Nimai Singh died in the
accident. Accordingly, I am of the opinion that the prosecution has
been able to prove its case against the petitioner for the offences
under Sections 279, 337, 338 and 304(A) of the Indian Penal Code
beyond the shadow of all reasonable doubt.
Both the learned trial court as well as well the learned
appellate court have rightly come to concurrent finding regarding
the guilt of the petitioner.
This Criminal Revision Application is dismissed.
Pending I.A., if any, also stands disposed of.
(Ambuj Nath, J.)
Saurabh
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