SEDU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner faced trial in criminal case No. 11/1995 arising out of FIR No. 560/1994 registered with Police Station Udaipurwati, Jhunjhunu for offences under Sec. 304-A, 279 and 337 of the IPC and was sentenced for nine months rigorous imprisonment and fine of Rs.500.00 for offence under Sec. 304-A of IPC and on default of payment of fine, simple imprisonment for 15 days was ordered. The petitioner was further convicted for offences under Sec. 279 and 337 of IPC with rigorous imprisonment of three months respectively was awarded vide judgment dtd. 12/11/2002. The conviction was challenged in criminal appeal No. 23/2003 and vide judgment dtd. 16/1/2004 the appeal was dismissed. Both the judgments are under challenge herein.

(2.) Heard the parties and perused the records.

(3.) Consistent statement of the witnesses of incident is that, the petitioner was driving the vehicle, which caused accident from behind to a cycle rider, as a result whereof, the cycle rider died. The witnesses are specific that the petitioner was rash and negligent. Both the Courts have recorded concurrent finding on rash and negligent act of the petitioner.