MANOHARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant revision petition is filed under Sec. 397 read with Sec. 401 of Cr.P.C. against the judgment dtd. 15/3/2005, passed by the District and Sessions Judge, Karauli in Criminal Appeal No. 3/2002 whereby while setting aside the appeal, the order of conviction dtd. 13/12/2001 passed by the Chief Judicial Magistrate, Karauli in Criminal Case No. 452/1999 was upheld.

(2.) The undisputed and ineluctable facts of the instant revision, are briefly noted hereinunder:--

(3.) It is submitted by learned Counsel for the petitioner that the impugned judgments dtd. 15/3/2005 and 13/12/2001 are legally unsustainable, being contrary to the provisions of the law as well as the facts on record. In support of the said claim, learned Counsel submitted that the offence under Sec. 304-A is not made out against the petitioner beyond the realm of reasonable doubt, especially considering the several infirmities and contradictions in the statements tendered by the prosecution witnesses. Learned Counsel submitted that the prosecution failed to prove the fact that the petitioner was driving the vehicle rashly and/or on high speed. Despite the same, the learned Courts below, solely on a consideration of the fact that the vehicle was being driven rashly on a high speed, have convicted the petitioner for the offence under Sec. 304-A. In this regard, it was contended that mere driving of a vehicle at a high speed cannot be equated with the said driving being negligent and/or rash. Therefore, by placing reliance upon the statements tendered by the petitioner under Sec. 313 of Cr.P.C., learned Counsel reiterated the claim of innocence of the petitioner and prayed for the quashing and setting aside of the orders impugned dtd. 15/3/2005 and 13/12/2001.