RAMSAHAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Revision Petition has been filed by the accused-petitioner-Ramsahai assailing the judgment and punishment order dated 29.6.2019 passed by the learned Judicial Magistrate, Sapotra (District Karauli) in Criminal Case No. 402/17 (158/09, 720,09) as well as the judgment and order dated 28.1.2020 passed by the Additional District and Sessions Judge, Karauli in Criminal Appeal No. 39/2019 whereby both the Courts below have convicted the accused-petitioner for offence under Sections 279, 337, 338, 304-A I.P.C. and sentenced him as under: " "

(2.) While the matter was listed in the Court at the stage of orders for suspension of sentence after the record was received from the Courts below, learned Counsel for the petitioner as well as learned Public Prosecutor both consented to argue the matter finally on merits.

(3.) Learned Counsel for the accused-petitioner submitted that the incident of accident occurred on 1.5.2009 and the complaint was lodged by the complainant Kadu S/o Dhanya whereupon investigation was conducted and charge-sheet was filed against the accused-petitioner who is alleged to have been driving the Tractor alongwith Trolley which overturned. On account of the said overturning of the Tractor with Trolley, one Dhanya Bairwa i.e. father of the complainant and one Dhamsi S/o Durga Bairwa i.e. cousin of the complainant died while 13 other persons were injured. As many as 32 witnesses were examined on behalf of the prosecution and documents were also produced as exhibits. The statement of the accused-petitioner was recorded under Section 313 Cr.P.C. No defence witness was produced.