MOTI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition under Sec. 397/401 of the Code of Criminal Procedure, 1973 (for short 'the Code') is directed against the judgment dated 15.2.2005 passed by the Additional Sessions Judge, Abu Road (for short, 'the Appellate Court" hereinafter) in Criminal Appeal No. 2 of 2005, by which the Appellate Court partly allowed the appeal and set aside the conviction and sentence of petitioner for the offence under Sec. 3/181 of Motor Vehicles Act, 1988. However, dismissed the appeal against the conviction and sentence for the offences under Secs. 279, 304-A Penal Code and confirmed the judgment and order dated 16.12.2004 passed by the Judicial Magistrate, Pindwara (for short, 'the Trial Court') whereby the Trial Court convicted the petitioner for the offence under Sec. 279 and 304-A, Penal Code and sentenced him to undergo three months simple imprisonment for the offence under Sec. 279 IPC, two years simple imprisonment for the offence under Sec. 304-A IPC.

(2.) The facts of the case, in a nut shell, are that on 23.12.1999, PW 8 Thana Ram lodged FIR Ex.P/1 with Police Station, Pindwara, stating therein that when his nephew Ravindra S/o Chhagan Lal, aged about 2 years, was playing with his niece Vimla, on account of rash and negligent driving of the tractor by the petitioner, his nephew Ravindra sustained serious injuries and ultimately succumbed to those injuries. On this report, the investigation ensued and after investigation, the police filed challan against the petitioner for the aforesaid offences. The Trial Court, on conclusion of trial, convicted and sentenced the petitioner as noticed-Above. The appeal filed by the petitioner against the conviction and sentence for the offences under Secs. 279 and 304-A Penal Code was dismissed by the Appellate Court; however, the Appellate Court acquitted Accused-Petitioner of the offence under Sec. 3/81 of the Motor Vehicles Act. Hence this revision petition.

(3.) I have heard learned counsel for the petitioner and the Public Prosecutor for the State. I have carefully gone through the judgments and orders passed by the Courts below as also the record of the case.