KAMLA PRASAD Vs. STATE OF RAJESTHAN

JUDGEMENT

(1.) By this revision, the petitioner-convict Kamla Prasad is challenging the judgment and order dated 23.7.1996 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Udaipur whereby the conviction of the petitioner-convict under Secs. 279 and 304A IPC awarded to him by the learned Additional Chief Judicial Magistrate, Vallabh-nagar, District Udaipur vide judgment and order dated 22.6.1993 was affirmed. Briefly, as set up the prosecution case is that on 13.10.1983, at 12.30 PM, written report was submitted by complainant Shri Bhajja S/o. Shri Panna Gameti, r/o Wana, addressing to the SHO, PS Kheroda stating that he (Bhajja) with his son Mangu was going on bullock-cart from Wana to Keer Ki Chowki. They were in their side. Suddenly, a bus, which was coming from Chittorgarh side, hit the cart, due to which son of complainant, viz., Mangu and bullock died at the spot. The complainant and the second bullock were thrown away.

(2.) On the basis of the above report Ex. P/11, FIR No. 65/1983 was registered at P.S. Kheroda for committing offence punishable under Sections 279, 338 and 304A IPC. On completion of investigation, charge-sheet was filed against the present petitioner for the offences punishable under Section 279, 337 and 304A IPC in the court of Munsif and Judicial Magistrate, I Class, Vallabhnagar, on 15.12.1983.

(3.) During the course of trial, the prosecution examined as many as 10 witnesses to bring home the guilt of the petitioner. After examining the petitioner (who was accused in the case) under Sec. 313 Cr.P.C., opportunity was also given to him to lead defence evidence for which he denied. While examining the petitioner under Section 313 Cr.P.C., he stated that he was driving his bus cautiously but due to blazing of bullocks, accident took place.