BHOOR CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused petitioner in the instant revision impugns the judgment dated May 2, 2000 of the learned Additional Sessions Judge No. 2, Sikar whereby the appeal of the petitioner preferred against the judgment dated August 4, 1995 of the Additional Chief Judicial Magistrate, Fatehpur Shekhawati Sikar, was dismissed and conviction of sentence of two years simple imprisonment and a fine of Rs. 200/- for the offence under Section 304-A, I.P.C. and one month simple imprisonment under Section 279/337, I.P.C. was confirmed.

(2.) The accused petitioner was tried for having committed an offence under Sections 304-A, 279 and 337, I.P.C. The prosecution case was that the accused petitioner by his act of rash driving of Truck No. RJV 1255 caused death of Shiv Prakash, Vinod Devi and Kishan Lai. Learned Trial Court after appreciation of the prosecution evidence and the statement of the petitioner recorded under Section 313, Cr.P.C, found him guilty and convicted him as above. After unsuccessful appeal the petitioner has preferred the instant revision.

(3.) Mr. M.M. Ranjan, learned Counsel appearing for the petitioner vociferously canvassed that there is no material on record which can connect the petitioner with the offence. The petitioner could not have been convicted on the basis of his statement recorded under Section 313, Cr.P.C. The prosecution has failed to establish that the petitioner was driving the truck at the time of accident. In the memo of revision petition it was also stated that both the Courts below seriously erred in not awarding the benefit of the provisions of Probation of Offenders Act or Section 360, Cr.P.C. Reliance was placed on Jogendra Singh v. State, 2000 2 ACC 254 , and Bhanu v. State of Rajasthan, 1986 1 WLN(Raj) 563.