VINOD KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The matter pertains to an incident which occurred in the year 1990 and the present criminal revision is pending since the year 2005.

(2.) This criminal revision petition under Sec. 397 read with Sec. 401 Cr.P.C. has been preferred against the judgment dtd. 17/8/2005 passed by learned Additional Sessions Judge, Chabra, District Baran in Criminal Appeal No. 7/2000, whereby, the learned Appellate Court has upheld the judgment of conviction dtd. 3/8/1999 passed by the learned Judicial Magistrate, Atru, District Baran in Sessions Case No. 80/90, whereby the revisionist-petitioner was convicted and sentenced as under:

(3.) Brief facts of the case are that on 21/5/1990, the complainant-Birdhi Lal submitted written report in the police station Kawai, District Baran stating that on 18/5/1990, he along with 25-30 people of his village, went to attend the marriage ceremony of one Ram Pratap's daughter. He took Matador No. RPF 5222 of Vinod Kumar Mittal on rent and Viond Kumar Mittal was driving the Matador. When they returning from the programme to their village Phoolbardoa then near Salpura Railway Station, the petitioner-Vinod Kumar was driving the vehicle in high speed. It is also stated that at 10.00 PM due to high speed of vehicle, Matador overturned and the passengers, sitting in the Matador received injuries along with him. On the basis of written report, the police registered the case under Ss. 279 and 337 IPC. However, after the incident, three persons, namely, Mangi Bai, Pana Bai and Reena died, thus Sec. 304A IPC was added.