MAQSOOD KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant revision petition has been preferred by the petitioner-accused challenging the order dtd. 11/11/2002 passed by the learned Additional District & Sessions Judge, Nimbaheda in Criminal Appeal No. 43 of 1999, whereby the appeal filed by the petitioner was dismissed and judgment of conviction and sentence dtd. 21/10/1999 passed by the learned Judicial Magistrate (First Class), Badi Sadri camp at Mandafia, District Chittorgarh in Criminal Original Case No. 200 of 1991 has been upheld.

(2.) The petitioner was convicted and sentenced by the learned Trial Court as under:- <IMG>JUDGEMENT_136_LAWS(RAJ)8_2023_1.jpg</IMG> All the sentences have been directed to run concurrently.

(3.) The case of the petitioner is that above mentioned criminal case was started on basis of a complaint submitted by one Prithvi Raj Dangi (PW-5) stating therein that on 20/5/1991, he along with Ashok Kumar Bhatt, Manohar Singh Mehta and Pritam Dutt boarded a bus No. RRY-8229 to go to Chittorgarh on duty for Lok Sabha elections. They were approximately 20-25 teachers. He was sitting on the roof of bus as there was no space inside the bus. There were lot of passengers even on the roof of the bus. The driver was driving the bus in a rash and negligent manner. Overhead wires were crossing the route which touched them because driver failed to notice low-hanging wires. Pritam Dutt fell down and suffered a fatal head injury after wire touched his head. Complainant, Ashok Kumar and Manohar Singh also sustained injuries. The incident occurred due to the petitioner's rash and negligent driving.