SAMPAT SINGH Vs. STATE OF RAJ

JUDGEMENT

(1.) THE petitioner has preferred this revision petition against the judgment dated 26.02.1994 passed by the learned Additional Sessions Judge, No.2, Jodhpur in Criminal Appeal No.53/1994 affirming the judgment of conviction and order of sentence dated 29.06.1993 passed by the learned Additional Munsif and Judicial Magistrate, No.3, Jodhpur in Criminal Original Case No.193/1992 whereby the petitioner was convicted for the offence under Section 304A IPC and was sentenced to undergo 2 years' rigorous imprisonment with fine of Rs.4,500/ -, in default of payment whereof, to further undergo six months' simple imprisonment.

(2.) THE brief facts of the case are that one Chandi Dan submitted a written report (Ex.P/12) to the effect that on 16.12.1980, he was posted as Head Constable. On that day, at about 8.30 a.m. to 12.00 he was on duty at Puri Choraha. At about 10 -10.15 a.m., a truck of municipality came from the side of Jalori Gate, which was driven at a very high speed. When he saw the truck being driven at a high speed, he signaled the driver to slow down the speed. The truck thereafter, hit a lady near Delux Restaurant, Puri Choraha and further hit two persons going on bicycles. Both the bicycles and one person stuck in between the wheels of the truck. When the truck was asked to be stopped, it stopped near Doodh Bhandar, Sojati Gate.

(3.) THE petitioner -accused was arrested. On the basis of this report, FIR No.388/1980 was registered and investigation commenced. After investigation, the police filed charge -sheet before the learned trial court. The learned trial court, thereafter, framed charges for the offences under Sections 279 and 304A IPC against the petitioner -accused to which he denied and claimed trial. To substantiate the charges, the prosecution examined as many as 15 witnesses. The petitioner -accused was thereafter examined under Section 313 Cr.P.C. in which he stated that he was driving the truck in slow speed and since the brakes of the truck failed, the accident took place, which was not his mistake.