- (1.)VINOD Prasad, J. The revisionist Satish was the driver of Jeep No. URO 860, who dashed it against the deceased Shyam Bahadur S/o informant Ram Swaroop P. W. 2 on 4-2-1987 at about 2 p. m. in Kasba Pipiganj, P. S. Pipiganj, District Gorakhpur, as a result of which Shyam Bahadur lost his life.
(2.)THE F. I. R. of the said accident was registered at the instance of Ram Swaroop P. W. 2 on the same day. THE accident occurred infront of the house of Narsingh Lal Srivastava.
Investigation into the offence resulted in charge-sheeting the revisionist for the offences under Section 279/304-A IPC and 89/118-A Motor Vehicle Act. On the basis of the said charge-sheet trial Court summoned the revisionist and framed charges against him on 3-10-1988 for offences under Section 279/304-A IPC.

In the trial Court prosecution examined Kedar P. W. 1, Ram Swaroop P. W. 2 (informant), Mohan P. W. 3, Dr. S. D. Gupta P. W. 4 (who conducted the post-mortem on the body of the deceased) and Ali Mazahar P. W. 5 who had investigated the case as prosecution witness.

(3.)THE post-mortem examination report of the deceased indicated that he had sustained lacerated wound on the right thigh 5 cm x 3 cm surrounded by abrasion 10 cm x 8 cm, 8 cm above the right knee. He had also sustained a contusion of 10 cm x 10 cm on the right side of abdomen. Underneath the said injury blood had clotted. He had also sustained an abrasion on the left side of the neck 1 cm x 0. 5 cm. THEre was an abraded contusion on the left side of the cheek and on the temple. THE deceased had also sustained an abrasion 30 cm x 2 cm on the chin. On the internal examination his left side partial bone was found fractured. His liver was lacerated and stomach contained 4 oz of semi-digested food. THEre was feacal matter and gases in the large intestine.
Finding the case of the prosecution to be proved to the hilt, ACJM Court No. 14 Gorakhpur, convicted the revisionist for the offences under Section 279/304-A IPC and sentenced him for two months simple imprisonment on the first count and one year simple imprisonment on the second count and ordered that both the sentences shall run concurrently.