STATE OF RAJASTHAN Vs. SHRI JAMNA LAL

JUDGEMENT

(1.) The State is aggrieved by the judgment dated 21.06.2008 passed by the Additional Sessions Judge (Fast Track) Rajsamand, whereby the learned Judge has quashed and set aside the judgment dated 24.11.2006 passed by the Additional Chief Judicial Magistrate, Rajsamand wherein the learned Magistrate had convicted the accused respondent, Jamna Lal, for offences under Sections 279, 337, 338 and 304-A IPC.

(2.) In brief the facts of the case are that on 23.02.2002, Mangilal (P.W.1) submitted a written report wherein he claimed that he and his son Jamna Lal (P.W.2) were travelling on a vehicle from Sundercha to Rajnagar. When they reached near Rajnagar bus-stand and turned towards Rajnagar, a jeep, bearing registration No.RJ 3- C 2179 came from behind. The said jeep was being driven by the accused-respondent, Jamna Lal in a rash and negligent manner. Initially, the jeep hit a scooter driven by Sanjay Dutta. Sunita (P.W.7) was also riding on the scooter alongwith her husband, Sanjay Dutta. Both Sunita and Sanjay Dutta sustained injuries due to the said accident. Subsequently, the jeep collided with his vehicle. Thereby, his son, Jamna Lal also sustained injuries. On the basis of this report, a formal FIR, FIR No.61/2002, was chalked out for offences under Sections 279, 337, 338 and 304A IPC.

(3.) In order to buttress its case, the prosecution examined thirteen witnesses, and submitted fifteen documents. However, the defence neither submitted any documents, nor examined any witness. After going through the oral and documentary evidence, vide judgment dated 24.11.2006, the learned Magistrate convicted Jamna Lal for the aforementioned offences and sentenced him as follows:-