BABU SINGH Vs. STATE OF RAJ

JUDGEMENT

(1.) THIS revision petition has been filed against the judgment dated 2.12.1994 passed by the learned Sessions Judge, Barmer whereby the appeal has been dismissed and the conviction and sentence of the present petitioner passed on 4.5.1994 by the court below has been confirmed. The learned court below has convicted the present petitioner for the offences under Section 304A, 337 and 279 IPC and has been sentenced as under:-

(2.) BRIEF facts of the case are that the Dhanna Ram lodged a written report on 2.3.1986 at Police Station Barmer alleging therein that he and his nephew Raju were bringing water from the tank, a Nissan truck No. 5783 came driving rashly and negligently and collied with Raju resulted into his instantaneous death. The driver ran away. On this report, FIR has been lodged and after investigation charge-sheet has been filed against the present petitioner for the offences under Section 304A, 279, 337 and 429 IPC. Charges for the offences under Section 304A, 279 and 337 IPC have been framed against the present petitioner. The prosecution examined as many as 10 witnesses in support of its case and also exhibited essential documents. The statement of accused has been recorded under Section 313 Cr.P.C. No witness has been produced in defence. After hearing the parties, the present petitioner has been convicted and sentenced as stated above. Appeal has also been dismissed. Hence this revision.

(3.) PER contra, the contention of the learned Public Prosecutor is that Megha Ram is eye-witness and there is no perversity in the impugned order. Heard learned counsel for the petitioner and the learned Public Prosecutor for the State and perused the impugned order.