POORAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this revision petition against the judgment dated 03.09.1997 passed by the learned Sessions Judge, Jalore in Criminal Appeal No.3/1995 affirming the judgment dated 28.03.1995 passed by the learned Civil Judge (JD) cum Judicial Magistrate, First Class, Sanchore in Criminal Case No.514/1993 whereby the petitioner was convicted for the offences under Sections 279 and 304A IPC and was sentenced under:-

(2.) The brief facts of the case are that on 09.10.1993, at about 11.00 a.m., complainant Ramesh Kumar presented himself before the SHO, P.S. Sancore and submitted a report alleging therein that on that day, at about 10.30 a.m., when he was going to Sanchore from his dhani, then a bus bearing registration No.RNP 2808, being driven rashly and negligently, hit his cousin sister Gulab (cqvk dh csVh), near Chungi Naka No.2 at Barmer Road, Sanchore,who was coming there for giving meal to his aunty (cqvk). She died at the spot.

(3.) On the basis of the aforesaid report, a case was registered by the police and investigation commenced. After investigation, the police filed challan before the learned court below. After that, charges for the offences under Sections 279 and 304A IPC were framed against the petitioner to which he denied and claimed trial. To prove the charges, the prosecution examined as many as seven witnesses and exhibited documents. Thereafter, the petitioner-accused was examined under Section 313 Cr.P.C. and even after availing opportunity to lead evidence, did not lead any evidence.