BABU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition under Sec. 374 r/w 401 Cr.P.C. has been filed challenging the order dtd. 5/7/2003 in Criminal Appeal No. 17/2003 passed by the Additional Sessions Judge, Jhalawar, dismissing the appeal and affirming the judgment dtd. 30/11/2002 in case No. 134/1995 passed by the Judicial Magistrate Khanpur, District Jhalawar, whereby the petitioner was convicted and sentenced as under :-

(2.) Counsel for petitioner submits that the tractor in question belonging to Dev Lal Meena was in stationary condition outside of the house of its owner, when the petitioner tried to move the tractor and as there was slope in the road, the tractor rolled downwards due to which, the accident occurred and the deceased died. There was no carelessness on the part of petitioner, however, he has been convicted and sentenced and the petitioner has remained in custody for about 15 days.

(3.) Learned Public Prosecutor has opposed the revision petition.