GOPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant criminal revision petition, a challenge has been made to the order dtd. 14/9/2004 passed by the learned Additional Sessions Judge & Special Judge, SC/ST (Prevention of Atrocities Cases), Pratapgarh in Criminal Appeal No. 28/2004 whereby the learned Appellate Court dismissed the appeal filed against the judgment of conviction dtd. 20/11/2003 passed by the learned Additional Chief Judicial Magistrate, Pratapgarh in Criminal Case No. 105/1992 by which the learned Trial Judge convicted and sentenced the petitioner as under:-

(2.) All the sentences were ordered to run concurrently and the period spent in judicial custody shall be adjusted in the original imprisonment.

(3.) The gist of the prosecution story is that on 11/4/1992 at about 4.00 p.m., complainant Kesia Meena gave an oral report to the Police at Government Hospital, Pratapgarh to the effect that after loading stones in the Tractor bearing No. RNM 1547, he along with one Rakma was returning to Pratapgarh. The said tractor was being driven by petitioner Gopal. When they reached near Imli Bus Stand, some passengers sat in the trolley of the tractor and thereafter, the petitioner drove the tractor rashly and negligently and due to rash and negligent driving of the petitioner, the tractor-trolley overturned and the persons sitting in the trolley sustained severe injuries. Upon the aforesaid oral report, an FIR was registered under Ss. 279 and 338 I.P.C. After usual investigation, charge- sheet came to be submitted against the petitioner in the Court concerned under Ss. 279, 337, 338, 304A of I.P.C. and Sec. 134/187 of MV Act.