ROSHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the present revision petition, the petitioner-accused has challenged the order dtd. 25/4/2005 passed by the learned Judicial Magistrate First Class, Railmagra, District Rajsamand whereby he has been convicted for the offences under Ss. 279, 337, 338 and 304-A of IPC and the order dtd. 31/7/2006 passed by the learned Additional Sessions Judge (Fast Track), Rajsamand in criminal appeal no. 49/2006 whereby the conviction and sentence passed by the learned trial court has been affirmed.

(2.) Briefly stated, the prosecution case, as set up is that on 15/6/1996 at around 10:00 P.M., the petitioner who was driving the truck bearing registration No. RJE-9273 near village Phiyawadi collided with a jeep bearing registration No. RJH-4183 carrying numerous passengers. In the aforesaid incident, one passenger died and so many received grievous injuries. All the injured passengers were taken to the nearby hospital. Subsequently, the S.H.O. of Police Station Kunwariya lodged an FIR No.117/96 and commenced investigation.

(3.) Learned counsel for the petitioner submitted that the petitioner does not have any criminal antecedents. Learned counsel further submitted that the investigating agency during the course of investigation, has found that at the time of incident, the offending vehicle- truck and the jeep bearing registration registration No. RJH-4183 were both driven rashly and negligently by their respective drivers. There is no positive evidence available on record of the case to the effect that the petitioner alone was responsible for the alleged incident.