PRABHU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal revision petition is preferred against the judgment dtd. 2/8/2005 passed by learned Additional Sessions Judge. Jhunjhunu in Criminal Appeal No. 7/2005 (Old No. 4/2005) whereby, the learned Appellate Court dismissed the appeal and affirmed the judgment of conviction and order of sentence dtd. 28/1/2005 passed by learned Additional Chief Judicial Magistrate, Jhunjhunu in Regular Criminal case No. 349/1998 whereby, the accused-petitioner was convicted and sentenced as under:--

(2.) Learned Counsel for the accused-petitioner submits that the impugned judgment dtd. 28/1/2005 and 2/8/2005 passed by the Courts below are illegal, arbitrary, unjust and improper. The learned Courts below, without property appreciating the evidence of PW-2 Jagar Ali and PW-3 Sunil Sharma (who was declared hostile), convicted the accused-petitioner under Sec. 279 and 304A of the IPC. He further contends that there is no positive evidence against the accused-petitioner that accused-petitioner was driving the questioned vehicle rashly or negligently. Merely on the statement of witnesses that accused- petitioner was driving the vehicle speedily, it cannot be said that accused- petitioner was rash or negligent in driving the vehicle. Therefore, the impugned order dtd. 28/1/2005 and 2/8/2005 may be quashed and set aside and the accused-petitioner may be acquitted from the offences under Sec. 279 and 304A of the IPC.

(3.) Learned Counsel for the accused-petitioner relies upon the judgment passed in "Annapoorna Vs. State of Karnataka, Criminal Appeal No. 214 of 2020 (Arising out of S.L.P. (Crl) No. 8828 of 2019) decided on 3/2/2020".