BABU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Babu Lal son of Ram Singh has preferred the present revision petition I under section 397 read with Section 401 Cr.RC. to challenge the Judgment of conviction and sentence dated 13th February, 2001 rendered by Additional Judicial Magistrate, First Class, Sawal Madhopur whereby petitioner has been convicted and sentenced as under:-

(2.) A further prayer has been made that the judgment dated 01st August, 2001 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Sawal Madhopur whereby he had dismissed the appeal and upheld the conviction and affirmed the above sentences be also set aside.

(3.) Briefly stated, In the present case FIR (Ex.P/4) was lodged by Hansraj (PW-2). In the FIR so lodged complainant has stated that he alongwith his grand mother Panchi was going on cycle from his village Khilnchlpur to Aalanpur to meet his relations. At about 9.30 A.M. when they reached near the culvert of Amrashwar Mahadev, one truck of the forest department bearing No. R.J.U.J. 7233 came from the opposite side and the same was driven by Babulal Nal at a very high speed in a negligent manner. It is stated that truck came on the kachha berm of the road and hit the cycle of the petitioner, due to which, grant-mother who was sitting on the carrier of the cycle fell on the road, suffered injuries and died later on. It was further stated that driver of the truck was known to the complainant as he used to daily drive the truck on the same route.