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2016 DIGILAW 2568 (ALL)

BAFATI v. STATE OF U. P.

2016-07-26

PRABHAT CHANDRA TRIPATHI

body2016
JUDGMENT Hon’ble Prabhat Chandra Tripathi, J.—List has been revised. None is present on behalf of the revisionist. 2. Heard learned A.G.A. for the State-respondent and perused the record. 3. The present criminal revision has been preferred against the judgment and order dated 8.9.2014 passed by the Sessions Judge, Kanpur Dehat in Criminal Appeal No. 12 of 2014 (Bafati v. State of U.P.) by which learned Sessions Judge, Kanpur Dehat has confirmed the order dated 18.2.2014 passed by the learned Additional Chief Judicial Magistrate, Kanpur Dehat in Crime No. 150 of 1996, Criminal Case No. 1850 of 2009 (State v. Bafati) by which learned Additional Chief Judicial Magistrate, Kanpur Dehat has convicted the appellant for one month rigorous imprisonment for the offence under Section 279 I.P.C., one month rigorous imprisonment for the offence under Section 337 I.P.C., two months rigorous imprisonment for the offence under Section 338 I.P.C., six months rigorous imprisonment for the offence under Section 304A I.P.C. and two months rigorous imprisonment under Section 427 I.P.C., Police Station-Sikandra, District-Kanpur Dehat. All the sentences to run concurrently. 4. The facts narrated in the F.I.R. in narrow compass are as follows : “The informant Balram Singh Baghel - Daftari Janata Inter College, Umarpur, Kanpur Dehat, presented a written application dated 3.11.1996 before the Officer in-Charge, Police Station-Sikandra, District-Kanpur Dehat. On 3.11.1996 at about 1:30 p.m. when he was present at Sikandra Tiraha, driver of jeep Registration No. U.P.-77/4989 driving it negligently and in a high speed came from the side of Auraiya and hit an unknown person on the bicycle who received grievous injuries. Due to this, broken cycle was lying on the spot. The people, who were present there caught hold of the driver who revealed his name Bafati S/o Mehndi Hassan R/o Islamabad, Mohalla-H/o Pukhrayan, Police Station-Bhognipur, District-Kanpur Dehat. Since the condition of injured cyclist was precarious, he was taken to P.H.C., Sikandra from where the doctor referred him to Kanpur Dehat who was sent by the same jeep by another driver to Kanpur Dehat. Accused was brought to the police station for necessary action and cycle was lying on the spot.” 5. On the above written information, case in crime No. 150 of 1996 under Sections 279, 337, 338, 427 I.P.C. was registered at Police Station Sikandra, District-Kanpur Dehat. 6. Accused was brought to the police station for necessary action and cycle was lying on the spot.” 5. On the above written information, case in crime No. 150 of 1996 under Sections 279, 337, 338, 427 I.P.C. was registered at Police Station Sikandra, District-Kanpur Dehat. 6. After the criminal law was set in motion, the Investigating Officer investigated and submitted a charge-sheet against the accused person Bafati under Sections 279, 337, 338, 427, 304A I.P.C. 7. At the trial, the accused Bafati pleaded not guilty and claimed to be tried. 8. At the trial, the prosecution in order to bring home the charge, examined P.W.-1 Hakim Hussain, P.W.-2 Balram Singh Baghel, P.W.-3 Smt. Hanifa Begum, P.W.-4 Smt. Shahjanha, P.W.-5 Khurshid Alam, P.W.-6 Sub-Inspector Ramesh Chandra Sharma and C.W.-1 Dilip Singh Sachan, Pharmacist Post-mortem House. 9. Apart from adducing oral evidence, prosecution placed reliance upon a large number of documents. Accused person chose not to adduce any evidence. 10. On consideration of the evidence on record, learned Additional Civil Judge (S.D.) Court No. 2/Additional Chief Judicial Magistrate, Kanpur Dehat found that accused revisionist therein was guilty and imposed the sentence. 11. On appeal being preferred by the convict, the learned Sessions Judge, Kanpur Dehat gave the stamp of approval to the conviction and the sentence by it’s judgment and order dated 8.9.2014. 12. P.W.-1 Hakim Hussain is a witness of Punchnama of the deceased, Pappu @ Firoz. He has been testified as such. P.W.-2 Balram Singh Baghel is ocular witness of the accident and scribe of the F.I.R. P.W.-3 Smt. Hanifa Begum is also a marginal attesting witness of the punchnama (Ext. Ka-1). P.W.4 Smt. Shahjanha, who was mother of the deceased Firoz has supported the prosecution version. P.W.-5 Khurshid Alam, who was maternal uncle of the deceased has also supported the prosecution version and deposed that just before the accident, the deceased left his home. P.W.-6 Sub-Inspector Ramesh Chandra Sharma, who was the I.O. of the case has proved the prosecution papers. 13. C.W.-1 Sri Dilip Singh Sachan, Pharmacist, Post-mortem has proved the prosecution papers relating to the post-mortem of the deceased Pappu @ Firoz S/o Chanda Khan R/o Jalalabad, District-Shahjahanpur. 14. The most important and crucial eye-witness P.W.-2 Balram Singh Baghel, scribe of the F.I.R. was not related to the deceased Pappu @ Firoz. He was totally unaware of the antecedent of the deceased. 14. The most important and crucial eye-witness P.W.-2 Balram Singh Baghel, scribe of the F.I.R. was not related to the deceased Pappu @ Firoz. He was totally unaware of the antecedent of the deceased. Only due to humanity and acting as law abiding citizen, he alongwith other persons present on the spot of the accident, caught hold of accused person Mehndi Hassan on the site of the accident and carried the injured person to Primary Health Centre, Sikandra, Kanpur Dehat. 15. P.W.-2 Balram Singh Baghel, has deposed that accused person Bafati was driving the aforementioned jeep very negligently and in a high speed, due to which, accident took place and cyclist Pappu @ Firoz succumbed to the injuries sustained in the alleged accident. 16. Thus, acceptation of the direct evidence on record on proper scrutiny and analysis of proof, the prosecution case is proved beyond reasonable doubt. Consequently, the revision stands dismissed. 17. Let the entire record of the lower Court be sent to the Court of the learned Sessions Judge, Kanpur Dehat for compliance.