HARI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision has been filed against the impugned judgment & order dated 17.8.2010 passed by learned Addl. Sessions Judge (FT) No. 2, Sikar in Cr. Appeal No. 8/2005 whereby he confirmed the judgment dated 29.3.2005 passed by learned Judl. Magistrate, Srimadhopur, Sikar in Cr. Case No. 288/1996 by which he convicted the accused petitioner under Section 279 IPC and sentenced for 03 months SI, for offence under Section 304-A IPC, sentenced to one year SI.

(2.) Briefly stated facts of the case are that an FIR for the offences under Section 279 and 304A IPC was registered at P.S. Srimadhopur, Distt. Sikar. After usual investigation, police filed charge-sheet before the concerned court/Magistrate for offence under Section 279 and 304A IPC. The learned trial court framed the charges, to which the petitioner denied and claimed to be tried. The prosecution examined as many as 10 witnesses and got exhibited certain documents. Statement of petitioner under Section 313 Cr.P.C. was recorded. After hearing both the sides, the learned trial court has convicted and sentenced the petitioner as indicated above vide judgment dated 29.3.2005.

(3.) Against the said judgment dated 29.3.2005, the petitioner preferred an appeal before the Appellate Court i.e. Addl. Sessions Judge (FT) No. 2, Srimadhopur who rejected the appeal and confirmed the judgment of trial court for offence under Section 279 and 304A IPC, but quashed the offence under Section 3/181, 134/181 and 134/187 MV Act vide judgment dated 17.8.2010. Hence this revision petition has been preferred.