HARDAYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused-petitioner aggrieved by the order dated 5.7.2011 passed by Additional Sessions Judge No. 2, Sikar, in Criminal Appeal No. 32/2011; whereby the order of judicial Magistrate No. 2, Sikar, passed in Criminal Case No. 496/2003 on 20.1.2009, had been upheld while dismissing the appeal against the conviction for offences punishable under Sections 279, 337, 338 and 304A I.P.C. The sentences awarded by the learned trial Court to the petitioner and affirmed by the learned appellate Court are as under :

(2.) Briefly stated facts of the case are that complainant Dhanraj submitted a written report at Police Station Losal to the effect that at about 8.30 P.M. when the complainant was standing near Dhani Ka Jhala and talking to Tikku Ram and Govind Ram, he saw his cousin Bhagwana Ram and nephew Bega Ram coming from field in their bullock-cart, along with their crop, going towards Losal Dhani. When they were near bus-stand, jeep No. RJ 23 T 0189 being driven rashly and negligently, came from behind and hit their bullock-cart, which was on its correct side. Resultantly, his cousin Bhagwana Ram died at the spot and nephew Bega Ram got seriously injured and the bullock-cart got damaged and the crop got scattered. According to the F.I.R., the jeep was so rash that after hitting the bullock-cart, it turned around. Accident occurred on account of rash and negligent driving of the driver of jeep.

(3.) On this report, Case No. 105/2003 was registered for offence under Sections 279, 337, 338 and 304-A I.P.C. After usual investigation, the police filed charge-sheet against the petitioner for offence under Sections 279, 337, 338 and 304-A I.P.C.