CHATRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant criminal revision petition, a challenge has been made to the order dtd. 6/6/2006 passed by the learned Sessions Judge, Sirohi, in Criminal Appeal No. 59/2005 whereby the learned Appellate Court dismissed the appeal filed against the judgment of conviction dtd. 23/11/2005 passed by the learned Judicial Magistrate (First Class), Reodar, District Sirohi in Criminal Original Case No. 80/1997 by which the learned trial Judge convicted and sentenced the petitioner as under:- <IMG>JUDGEMENT_66_LAWS(RAJ)11_2024_1.jpg</IMG>

(2.) All 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 21/2/1997, a written complaint was submitted by Ramesh Chand S/o Shri Padma Ji alleging therein that he along with his relatives and villagers hired a tractor of accused-petitioner Chatra for visiting Karodi Dawaj to perform last rites of his grand mother. While approaching a turn, due to fast speed of the tractor, the driver accused- petitioner lost control and the tractor along with the trolly turned upside down due to which, persons sitting in the trolly got injured and Bharat @ Bhasia died on the spot and the accused-petitioner took flight from the place of incident. A case was registered for offences punishable under Ss. 279, 337, 338 and 304-A of IPC and under Ss. 137/187 of Motor Vehicle Act, to which the accused-petitioner denied and demanded a trial. During the course of trial, 21 witnesses were examined and certain documents were examined. Thereafter, an explaination was sought from the accused-petitioner under Sec. 313 Cr.P.C., for which he denied the allegations against him.