ASHWANI KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard.

(2.) The petitioner-accused has preferred this Revision Petition feeling aggrieved by the impugned Judgment dated 12.11.2014 passed by the learned Additional Sessions Judge, Bhinmal, District-Jalore in State of Rajasthan v. Ashwani Kumar, [Criminal Appeal No. 10/14 (124/2012)], whereby the learned Trial Court allowed the Appeal of State and quashed and set aside the judgment of acquittal dated 18.9.2012 passed by the learned Nyayadhikari, Gram Nyayalaya, Sanchore in regular Criminal Case No. 22/11, State of Rajasthan v. Ashwani Kumar under Section 304-A I.P.C. whereby the learned Nyayadhikari, Gram Nayayalaya, Sanchore acquitted the petitioner-accused for offence under Section 304-A I.P.C. but the learned Appellate Court allowing the Appeal, convicted for offence under Section 304-A I.P.C. and sentenced him for simple imprisonment for one year and six months with a fine of L 5,000/- in default thereof to further undergo three months' simple imprisonment.

(3.) Mr. Pradeep Shah, learned Counsel for the petitioner submits that against the judgment of acquittal in the matter in hand Appeal lies before the High Court and the learned Additional Sessions Judge was not having jurisdiction to entertain the Appeal. Therefore, the judgment passed by the learned Appellate Court is without jurisdiction, therefore, on this legal point, this Revision Petition deserves to be allowed.