MADROOP RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - This revision petition is directed against the judgment dated 8.12.1995 passed by the learned Special Judge, SC/ST (Prevention of Atrocities), Jodhpur in Criminal Appeal No. 56/1995-Madroop Ram Vs. State , whereby he dismissed the said appeal and affirmed the judgment of conviction and sentence dated 13.10.1995 passed by the learned Additional Chief Judicial Magistrate No. 2, Jodhpur in case No. 94/1994 State Vs. Madroop Ram. By the said order, the learned trial Court convicted the accused petitioner for offence under Sections 279, 337, 338 and 304-A Indian Penal Code and sentenced him as under: Sentenced them Deva Ram as under: <FRM>JUDGEMENT_126_LAWS(RAJ)11_2012.html</FRM>

(2.) According to the prosecution case, on 5.3.1994 at about 10.15 A.M., the complainant, Shyam Lal Arora, lodged a complaint that he was informed telephonically by an unknown person that in-front of M/s. Mahindra Motors, a truck dashed his cousin, who was coming to M/s. J.K. Nursing Home with his elder brother Rajesh, and on account of which, vikas died on the spot and elder brother Rajesh suffered various injuries. The offending vehicle truck bearing No. RMQ-5933 and the scooter bearing No. RNN-4451 on which both brothers were going to M/s. J.K. Nursing Home, were also lying there. On asking from his cousin Rajesh, he told that the driver of the truck, who was driving the truck rashly and negligently, dashed the scooter, on account of which both brothers fell down and the rear wheel of the offending vehicle truck was passed over the head of the deceased Vikas, thus, lie died on the spot. On the complaint so lodged, a case No. 83/1994 was registered at Police Station, Pratap Nagar, Jodhpur. After completing investigation, the S.H.O. Pratap Nagar, Jodhpur filed a challan against the accused Madroop Ram for the offences punishable under Sections 279, 337, 338 and 304-A Indian Penal Code The trial Court after recording the evidence adduced by the prosecution, held the accused-petitioner driver of said truck guilty for rash and negligent driving and on the basis of the statements made by various eye-witnesses, the trial Court convicted and sentenced him as aforesaid. Against the judgment of trial Court, the petitioner filed an appeal before the appellate Court, which also failed. Hence, this revision petition before this Court under Sec. 397 Criminal Procedure Code.

(3.) Learned counsel for the petitioner, Mr. P.R. Choudhary, vehemently urged that the Courts below have erred in convicting the accused petitioner as the said accident took place due to rash and negligent driving on the part of driver of the truck so also the driver of the scooter, Rajesh Arora. He has also submitted that the injured Rajesh Arora was driving the scooter in the mid of the road and due to slip of the scooter, the said accident occurred. In the alternative, he submitted that if this Court is of the opinion that the conviction is justified and deserves to be maintained in the facts and circumstances of the case, the sentence awarded to the accused petitioner maybe reduced to the period already undergone by him which is stated to be approx 13 days. He further submitted that the incident relates to the very long past period i.e. about 19 years back and the accused petitioner is now over 65 years of age.