RAM BILAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the judgment passed by the Sessions Judge, Sikar upholding the conviction of the accused-petitioner which was passed by the Judicial Magistrate, Sikar on 3-8-76. The accused-petitioner was held responsible for the offence under Section 304A, IPC and was sentenced to one year's RI and a fine of Rs. 1,000/-. The accused-petitioner filed an appeal against his conviction and sentence, which was dismissed. Hence, this revision.

(2.) Briefly stated, the facts of the case are that a report Ex.P 1-A was lodged at the police station, Sadar (Sikar) by the accused-petitioner himself in which it was alleged that he was driving the bus RSM 9960 of the Rajasthan State Road Transport Corporation and was going towards Bikaner from Jaipur. It was further alleged that in the way near Bajor village when one woman was going with her husband on the middle of the road and moved hither and thither she was accidentally hit from the right side of the bus. It was further alleged that the driver stopped the bus and took the injured in his bus to the hospital. On this report, a case was registered by the police and FIR (Ex.P 3) was chalked out. Site Plan (Ex.P 5) was prepared and seizure memo of the bangles of the deceased (Ex.P 4) and arrest memo (Ex.) were also prepared by the Investigating Officer. The vehicle was also mechanically examined vide memo (Ex.P.)

(3.) The injured died in the hospital and post-mortem report (Ex.P. 13) was prepared by the doctor. After completion of the investigation, a challan was filed in the court of Judicial Magistrate Sikar. Charges under Sections 304A, 279, 337 and 338, IPC were framed to which the accused did not plead guilty and claimed to be tried. The prosecution in all produced six witnesses. Statement of the accused under Section 313, Cr. PC was recorded in which he denied the allegations levelled against him by the prosecution witnesses and gave an explanation about the occurrence but no evidence was produced by him in his defence. The learned trial court after hearing arguments found the accused-petitioner guilty and convicted and sentenced him, as stated above. The appeal of the accused petitioner was also dismissed.