SANWLA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal revision petition under Sec. 397/401 Cr.P.C. has been filed by the petitioner against the judgment dtd. 28/7/2004, passed by learned Addl. Chief Judicial Magistrate, Bhinmal in Regular Cr. Case No. 284/1998, whereby the learned Trial Court acquitted the accused- respondent No. 2 from the offence under Ss. 279, 304A IPC.

(2.) Brief facts of the case are that on 11/5/1998, complainant Sanwla Ram submitted a written report at Police Station Bhinmal to the effect that at about 4.15 PM, two children namely Reti and Mahendra were playing outside the house of his uncle Maknaram, a roadways bus bearing No. RJ-06-P-0284 came in a rash and negligent manner and hit the child Reti. As a result of which, Reti died on the spot. The said roadways bus was being driven by accused-respondent No. 2. Upon the aforesaid report, an FIR was registered and after usual investigation, charge-sheet came to be submitted against the accused-respondent No. 2 in the Court concerned.

(3.) The Learned Magistrate framed charge against the accused-respondent No. 2 for offences under Ss. 279, 304A IPC and upon denial of guilt by the accused-respondent No. 2, commenced the trial. During the course of trial, as many as 12 witnesses were examined and 22 documents were exhibited. Thereafter, statement of the accused-respondent No. 2 was recorded under Sec. 313 Cr.P.C.