KAJODAMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The criminal revision petition under Section 397 r/w Section 401 Cr.P.C. has been filed against the judgment dated 3.10.2001 passed by Additional Sessions Judge, Bandikui in Criminal Appeal No. 20/2001 whereby the conviction and sentence of the present petitioner has been maintained. The present petitioner has been convicted and sentenced as under:

(2.) The brief facts of the case are that on 20.12.1997 Vijendra Singh has lodged a report that he and his brother were going to Dausa on Motor Cycle on 25.12.1997 at 5.30 P.M. near Kalota Bus Stand, Tractor No. RJ-29 R 1360 came rashly and negligently dashed motor cycle from back side due to which he suffered injuries and his brother Mathuresh died. b.i.R. No. 204/1997 has been registered. After investigation, charge-sheet has been filed and after trial present petitioner has been convicted and sentenced as above. The appeal has been dismissed. Hence, this revision petition.

(3.) The contention of the present petitioner is that there is no evidence to prove that the present petitioner was rash and negligent in driving. Site plan does not corroborate the facts of the case and the benefit of probation may be extended to the present petitioner.