SURAJPRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner-accused has preferred this revision petition under Sec. 397 read with Sec. 401 CrPC, challenging the order dtd. 16/1/2004 in Criminal Appeal No.1/2003 passed by the Additional Sessions Judge, Ramganjmandi, Kota, dismissing his appeal and affirming the judgment dtd. 4/2/2003 in case No.164/1996 passed by the Judicial Magistrate First Class, Ramganjmandi, Kota whereby the petitioner has been convicted and sentenced as under:

(2.) Briefly stated, an accident occurred on 15/5/1996 when one Kalusingh, a labourer at M/s Mangalam Cement Factory, was removing stones from the road in the morning at about 9:00 AM, he was hit by a dumper truck (bearing No.RJ-20-G-1882) coming reverse and being driven by petitioner. In this accident Mr. Kalusingh got multiple injuries on different parts of his body and on the basis of his 'Parcha Bayan', FIR No.76/1996 came to be registered for offences under Ss. 279, 337 IPC. Mr. Kalusingh stated in his 'Parcha Bayan' that the driver of dumper truck moved the dumper towards back side, rashly and negligently, and hit him. During course of medical treatment, Mr. Kalusingh succumbed to his injuries, hence, offence under Ss. 304-A IPC was added.

(3.) After investigation in the FIR, charge-sheet was filed and charge was framed. The petitioner claimed no guilt of offences, hence trial commenced. The trial Court, on the basis of evidence on record, held that the petitioner drove the dumper truck towards backside without blowing horn in negligent manner and without noticing the presence of deceased who was working on the road. It was observed that the deceased Kalusingh died due to injuries sustained by him in the accident with the dumper truck and finally, vide judgment dtd. 4/2/2003, the petitioner was convicted and sentenced for offences under Ss. 279 and 304-A IPC in the manner indicated hereinabove.