RAHIM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed by petitioner Rahim against the appellate order dated 08.12.1994 passed by the learned District and Sessions Judge, Jaisalmer, whereby the learned appellate court dismissed the Criminal Appeal No. 12/1994 and upheld the judgment of conviction and order of sentence dated 20.09.1994 passed against the petitioner in Criminal Original Case No. 536(A)/1993, whereby the the accused-petitioner was convicted for the offence under Sec. 304-A Penal Code and sentenced to undergo simple imprisonment for one year alongwith a fine of Rs. 5000.00 and in default of payment of fine, further to undergo simple imprisonment for two months. The learned trial court further ordered that out of the fine amount of Rs. 5000.00, Rs. 4000.00 will be paid to the legal heirs of the deceased as compensation.

(2.) The facts of the case are that on 19.09.1993 P.W.1 Bhanwar Ram lodged an oral report at the Police Station Jaisalmer to the effect that in the morning of that day at about 9.30 a.m. one jeep bearing No. RJ-21-C-0273 came from the Kishanghat side at fast speed and the driver of the jeep while driving the jeep rashly and negligently caused accident with Khamana Ram, the brother of the complainant, who was standing about 4 to 5 feet away from the road. By hitting Khamana Ram fell down and the wheel of the jeep ran over his chest due to which his limbs were cut down. Khamana Ram was brought to the hospital, where he was declared dead.

(3.) On the basis of the aforesaid oral report, First Information Report No. 210/1993 under Sec. 279 and 304-A was registered and after due investigation, a charge-sheet was filed against the accused-petitioner in the court of Chief Judicial Magistrate, Jaisalmer. During the course of the trial, to prove the guilt of the accused the prosecution examined six witnesses, out of whom P.W.1 Bhanwaru Ram, P.W.2 Chhagan Lal and P.W.3 Narsingha Ram were the eye-witnesses, P.W.4 Damodar Singh deposed about conducting the investigation, P.W.5 Ramnarayan Choudhary deposed about the recovery of the jeep by the police and P.W.6 Kisturchand was the witness who conducted mechanical inspection of the jeep involved in the accident. The statement of the accused was recorded under Sec. 313 Crimial P.C. and after hearing both the parties and considering the evidence on record, the learned trial court vide judgment and order dated 20.09.1994 convicted and sentenced the accused-petitioner as indicated above. Further the judgment of the learned trial court was affirmed by the appellate court by order dated 08.12.1994.