BABOO LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant criminal revision petition, a challenge has been made to the order dtd. 27/10/2004 passed by the learned Additional District & Sessions Judge, (Fast Track), No. 3 Udaipur Camp Salumber, in Criminal Appeal No. 1/2004 whereby the learned Appellate Court dismissed the appeal filed against the judgment of conviction dtd. 1/3/2000 passed by the learned Judicial Magistrate, 1st Class, Kherwada, District Udaipur in Regular Criminal Case No. 54/1993 by which the learned Trial Judge convicted and sentenced the petitioner as under:-

(2.) Both 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 26/11/1992, complainant Dhanraj Patel gave an oral report to the concerned Police Station to the effect that today at about 12 PM, his cousin Kala Patel was going to Kherwara from his home. When he reached near Phalasiya bridge, a Jeep bearing No. GUZ-7419 came in a rash and negligent manner and hit his cousin. As a result of which, Kala Patel sustained multiple severe injuries and subsequently died during the treatment. The said truck was being driven by the accused petitioner Baboo Lal. Upon the aforesaid report, an FIR was registered and after usual investigation, charge-sheet came to be submitted against the petitioner in the Court concerned.