OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision is directed against the judgment -dated 23.1.1989 passed by the learned Addl. Sessions Judge No. 2 Ajmer in Criminal Appeal No. 17/86 by which the conviction of the petitioner Under Section 304A IPC and sentences passed against him by the Judicial Magistrate No. 1, Ajmer were maintained.

(2.) THE facts of the case are that a report was lodged at police station, Civil Lines, Ajmer on 5.1.1981 by one Anna Singh. In the said report it was stated that he (informant) and one Bhanwar Singh both were standing near a tree and were talking then one truck bearing No. R.S.Z. 1175 came from Ajmer side and struck to his grandson Surendra @ Pappu who was aged 6 1/2 years, while he was crossing the road. It is alleged that the boy had already covered 3/4 of the road but before he could cross the road the truck struck to him and the boy was run over from the right -side wheel of the truck.

(3.) THE main contention of the learned Counsel for the petitioner is that from the material on record itself no offence Under Section 304A is made out against the petitioner, in as much as the boy who was aged 6 1/2 years, came running to cross the road and while he was crossing the road the petitioner's truck happened to come there and as such the accident took place. In the alternative the learned Counsel for the petitioner submits that the incident is of the year 1981 and the petitioner was below 21 years of age at the time of the incident as such the benefit of probation should be granted to him. Contrary to this, the learned P.P. supports the conviction and the sentences passed against the petitioner.