Mani Ram vs State of U.P.

R.K. Singh, J.—None responds even on the revised list. The criminal revision has been listed peremptorily so it is taken up for consideration and decision with the help of materials available on record. The learned A.G.A. is present and has been heard.

Perused the impugned judgment passed by the trial court in Criminal Case No. 754 of 1982, dated 29.8.1983 and the appellate court judgment dated 20.10.1983 passed by Sessions Judge, Lalitpur.

The revisionist Mani Ram was a public servant and was driving pickup No. U.S.G. 8992 in which Executive Engineer etc. of P.W.D. were travelling from Lalitpur to Jhansi. Within the jurisdiction of Bansi Gaon one girl was hit by pickup and she received injuries. While she was being carried to hospital she breathed her last.

Six witnesses appeared before the Court and supported the allegation against the revisionist on oath. The revisionist did not dispute the correctness of the prosecution story. His statement u/s 313, Code of Criminal Procedure was that the pick-up was being driven by the Junior Engineer himself. In this way he denied the allegation levelled against him. But he did not examine any witness in his defence.

The offence punishable u/s 279/304A, I.P.C. is well-proved against the revisionist. The sentence awarded to the revisionist is a simple sentence of fine of Rs. 300 and Rs. 800 under the above two heads respectively. This sentence is so lenient which does not justify any interference.

The revision petition has no merit and is accordingly, dismissed.