JIYA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Jiya Ram-petitioner faced trial before Chief Judicial Magistrate, Barmer for offences under Sections 279 and 304-A, IPC and was convicted and sentenced to two months' rigorous imprisonment with a fine of Rs. 500/- and in default to undergo two months' simple imprisonment for offence under Section 279, IPC. He was sentenced to one year's rigorous imprisonment with a fine of Rs. 1000/- and in default to undergo four months' simple imprisonment. It was ordered that both the sentences shall run concurrently. He preferred appeal which was dismissed by Additional Sessions Judge, Barmer on 9-8-1991.

(2.) Briefly stated, on 5-8-1986 at 4.00 p.m. Hans Raj reported to Station House Officer, Chauhtan that his mother, when was alighting from the bus at Sanau bus stand, the truck driven by the petitioner came from the side of Chauhtan. It dashed against his mother who suffered a fracture on her left leg. The truck driver wanted to run but Punma, Sanga and others made hue and cry and then truck was stopped. Mother of the complainant was taken in the same truck to hospital as she had suffered injuries on different parts of her body and who succumbed to them and expired. The truck was made to stand in front of the hospital along with driver petitioner and the matter was reported. Police investigated the matter and after investigation submitted challan before the trial Magistrate. The petitioner, when he was read over accusation, claimed trial. Prosecution examined six witnesses in support of its case. The petitioner then was examined under Section 313, Cr. P.C. He did not produce any witness in defence. Learned Chief Judicial Magistrate, Barmer after hearing both the parties convicted and sentenced the accused-petitioner as stated above. On appeal the conviction and sentences were confirmed.

(3.) Nobody appeared on behalf of the petitioner when the revision petition was taken up and since it is not necessary to hear the petitioner or his counsel in revisions because the High Court can itself call for the record of any Court and see as per the