MAHAVIRSINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present revision petition has been preferred against the order of conviction dtd. 31/1/2001 passed by the Add. Chief Judicial Magistrate, Didwana in a criminal case No. 166/2000, passed against the petitioner for the offences under Ss. 279, 337, 338, 304A of the IPC. The appeal preferred by the petitioner against the order dtd. 31/1/2001 before the Court of Add. Sessions Judge, Didwana bearing Criminal Appeal No. 05/2001 has been dismissed vide judgment/order dtd. 3/6/2004.

(2.) As per prosecution, on 6/5/2000 at around 4.00 P.M., the petitioner, who was driving the commander jeep bearing registration No. RJ21-P-1015, was travelling from Village Bari Chhapri to Molasar along with family members of the complainant. The jeep was driven rashly and negligently by the accused- petitioner and due to which the jeep hit the electricity pole on the side of the road. In the aforesaid incident Mst. Jugli died on the spot and Smt. Chuka, Birji, Munni and Mohan sustained injuries.

(3.) During the course of trial, the prosecution examined as many as 15 witnesses in support of its case and also got exhibited some documents. Smt. Chuki (PW-10) and Birji (PW-11) were the eye-witnesses of the unfortunate accident which had taken place on 6/5/2000.