RAM GOPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned public 1 prosecutor.

(2.) The petitioner was convicted by Addl. Munsif and Judicial Magistrate, First Class No. 11, Jaipur City, Jaipur vide his order dated 30th September. 1993 under Sections 304A and 279 I.P.C. For offence under section 304-A the petitioner was sentenced to one year's rigorous imprisonment with fine of Rs. 100/- and for the offence under section 279 he was punished for 2 months rigorous imprisonment and in default to pay the fine he was to further undergo one months simple imprisonment.

(3.) The written complaint, Ex-14, was made on 19.11.93 by Ishwar Das 10 before the In-charge, Police Station Gandhi Nagar. On the basis of this report, the FIR, Ex.P-15 was registered. The facts of the case are that at about 7.15 PM on 18.11.83 while complainant Ishwar Das along with his friends Teerath Das and Ashok were going on complainant's scooter No. RNB-2636 from Tonk to Jaipur, which was driven by Ashok, suddenly, as mini bus type metador No. RSB-9356 came from the wrong side and hit the scooter, as a result of which all the three persons fell down. The complainant received minor injuries, whereas Ashok and Teerath Das fell down under the scooter and received major injuries. The Metador driver disclosed his name to be Ram Gopal and then he ran away in the darkness. It was stated in the complaint that side by side the complainant and friends on the ill-fated scooter, his other friends Heeranand, Devi Lal and Phoolchand were also coming on motorcycle. The prosecution has examined as many as 9 witnesses of which only one witness Devi Lal, PW-1, was present at the time of incident. Apart from Devi Lal, Radhey Shyam Porwal, PW- 3, who admitted himself to be the owner of the vehicle involved in the accident, has stated that Ram Gopal, Driver, has taken the vehicle on that date. All the other witnesses, who were present at the site, are not the witnesses of happening on site.