RAM KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The conviction of the accused petitioner under Section 304A I.P.C. has been affirmed by the learned AddI. Sessions Judge No. 2, Ajmer under his judgment dated 19-11-1988, the sentence of one year's Rigorous Imprisonment and a fine of Rs. 200/-, in default of payment of fine to further suffer 15 days simple imprisonment have also been affirmed. The said conviction was recorded and sentence imposed on the accused person by the learned Trial Court under his judgment dated 4.1.1986.

(2.) One Mangu was run over by Truck No. R.J.E. 800 1 which the accused was driving on 1.9.1982; The Courts below placed reliance on the evidence of Udai Singh (P.W. 5) the eye witness who supported the case of the prosecution, the other two did not support it and has held that the accused petitioner was the driver of the Truck and was driving the Truck rashly and negligently at the time of accident. The accused petitioner did not deny that he was driving the Truck but his case in his statement under Section 313 Cr. P.C. was of bare denial. He did not examine any eye witness in defence.

(3.) After having heard the learned counsel for the petitioner I find no merit in this Revision Petition so far as the Conviction of accused petitioner under Section 304A I.P.C. is, concerned. But it is a case which can be dealt with under Section 4 of the Probation of Offenders Act, 1958 and in view of 361 Cr. P.C., in my opinion, there are no special reasons not to deal with the case of the accused petitioner under the aforesaid beneficent provision.