LOGAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been filed by the accused petitioner against the judgment and order dated 19. 12. 2000 passed by the learned Additional Sessions Judge No. 3, Udaipur in Criminal Appeal No. 32/2000 (105/2000) by which he dismissed the appeal of the accused petitioner and confirmed the judgment and order dated 1. 9. 2000 passed by the learned Additional Chief Judicial Magistrate, Vallabh Nagar, District Udaipur in Criminal Case No. 55/96 whereby the learned Addl. Chief Judicial Magistrate convicted the accused petitioner for the offence under Sections 279,337,338 and 304a IPC and sentenced in the following manner:- Name of accused petitioner Convicted under Section Sentence awarded Logar 279 IPC Three months SI and a fine of Rs. 100/-, in default of payment of fine, to further undergo ten days' SI. 337 IPC Three months' SI and a fine of Rs. 100/-, in default of payment of fine, to further undergo ten days' SI. 338 IPC Six months' SI and a fine of Rs. 200/ -. in default of payment of fine, to further undergo ten days' SI. 304a IPC One year SI and a fine of Rs. 1000/-, in default of payment of fine, to further undergo one month SI. All the above substantive sentences were ordered to run concurrently.

(2.) THE facts giving rise to this revision petition, in short, are as follows:- One Ram Krishna made a Parchabayan Ex. P/12 on 18. 12. 1995 stating inter-alia that on 18. 12. 1995 he and PW9 Durgalal and PW8 Kanhaiyalal were waiting for Bus at Bus Stand Intali and Metador bearing No. RJ-27-G-1948 came and he alongwith PW9 Durgalal and PW8 Kanhaiyalal sat in the said Metador and 1 km. ahead of Intali, the Metador turned because of rash and negligent driving of the vehicle by the driver, as a result of which they and other persons received injuries and one person died. On this Parchabayan, the police registered FIR No. 188/95 (Ex. P/13) at Police Station Vallabhnagar District Udaipur for the offence under Sections 279, 337, 338 and 304a IPC and started investigation. During investigation, post mortem of the dead body of the deceased Roda was got conducted and his post mortem report is Ex. P/3. THE injured person, namely, Bhanwarlal, Kanhaiyalal (PW8), Durgalal (PW 9) and Ram Krishna were got medically examined and their injury reports are Ex. P/4, Ex. P/5, Ex. P/6 and Ex. P/7 respectively. During investigation, the police also came to the conclusion that the vehicle in question was being driven by the accused petitioner.

(3.) AGGRIEVED from the aforesaid judgments and orders of the courts below, this revision petition has been filed by the accused petitioner.