CHANDER SHEKHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal revision petition has been preferred against the judgment dtd. 15/3/2005 passed by learned Sessions Judge, Jaipur District, Jaipur in Criminal Appeal No.95/2002, whereby, learned Appellate Court while dismissing the appeal of the accused-petitioner has upheld the judgment of conviction and order of sentence dtd. 24/10/2002 passed by the learned Judicial Magistrate No.5, Jaipur, District Jaipur in Criminal Case No.356/2001, whereby, accused-petitioner was convicted and sentenced as under:-

(2.) As per the prosecution case, on 20/8/1997, PW3 Mohd. Mubin Khan recorded parcha bayan of PW1 Tasleem at SMS Hospital, Jaipur to the effect that the injured and her 6-7 relatives had hired Jeep No.RJX-1194 for going to Kuchaman from Phagi in Rs.1100.00. In parcha bayan, it is also stated that apart from her Gulam Mohd., Nizamuddin, Jaitun, Majidan, Ramko, Barkat, Mumtaj, Hina and driver of the Jeep were in the Jeep. On 19/8/1997, at about 06:00 PM.

(3.) After returning from Kuchaman, at about 12:00 AM, near to Bhankrota Puliya at Ajmer Road, the jeep collided with truck No.KA-01-6524, which was parked at its side. It is also stated in the parcha bayan that the accident took place due to negligent driving of the Jeep driver. Due to the accident, Nizamuddin sustained injuries and Smt. Jaitun and Gulam Mohammad expired.