2019 Cri L J 2561 (Chh) ::2019 CRI. L. J. 2561 ::I L R 2019 Chhattisgarh 955

Chhattisgarh High Court

Hon'ble Judge(s): Vimla Singh Kapoor , J

(A) Penal Code (45 of 1860) , S.304A— Death by negligence - Proof - Death of deceased-pedestrian due to rash and negligent driving of offending vehicle by accused - Post-mortem report indicating injuries on body including head of deceased - No evidence by defence to show accident to be outcome of any mechanical failure in vehicle - Death was outcome of @page-CriLJ2562injuries caused by accident - Conviction of accused, proper. (Para 4) (B) Penal Code (45 of 1860) , S.304A, S.53— Sentence - Modification - Death by negligence - Accused already remained in jail for 12 days and having pressure of family responsibilities - Sentence of R.I of two years modified to sentence already undergone by accused and fine enhanced from Rs.5,000/- to Rs.10,000/-. (Para 5) .....