KAILASH CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - This revision petition has been filed against the order dated 21.7.2005 passed by the learned Special Judge, SC/ST Cases, Tonk whereby the appeal preferred against the order dated 23.3.2003 whereby the petitioner has been convicted for the offence under Sections 279, 337 and 304-A Indian Penal Code and has been sentenced for six months' R.I. for each offence together with fine of Rs.200.00 in each offence, in default whereof to further undergo 15-15-15 days' S.I., passed by the learned Additional Chief Judicial Magistrate, Niwai, District Tonk has been dismissed.

(2.) The only contention regarding merit of the present petitioner is that he has not been identified by any of the witness and it has not been established by the prosecution evidence that he was the driver of the impugned vehicle at the time of accident.

(3.) But, this argument of the present petitioner is misconceived as the statement of PW-3 Ms. Prem goes to show that the counsel for the petitioner has admitted the identification of the accused and PW-4 Kajod stated that the present petitioner was the driver of the vehicle at the relevant time. PW-8 Jagdish, who is the owner of the vehicle has also stated that the present petitioner was the driver of the vehicle at the relevant time. A notice under Sec. 133 MV Act was given to the owner PW-8 Jagdish and he has stated that the present petitioner was the driver of the vehicle.