DEVI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant criminal revision petition, a challenge has been made to the order dtd. 22/6/2007 passed by the learned Sessions Judge, Dungarpur in Criminal Appeal No. 14/2004 whereby the learned Appellate Court dismissed the appeal filed against the judgment of conviction dtd. 12/2/2004 passed by the learned Additional Chief Judicial Magistrate, Dungarpur, in Regular Criminal Case No. 28/2003 by which the learned Trial Judge convicted and sentenced the petitioner as under :- Offence Sentence Ss. 279 & 337 3 months SI and fine of Rs.100.00, in default of payment of fine IPC to further undergo 1 month's SI Sec. 338 IPC 6 months SI and fine of Rs.100.00, in default of payment of fine to further undergo 1 month's SI Offence Sentence Sec. 304A IPC 1 year SI and fine of Rs.100.00 in default of payment of fine to further undergo 1 month's SI

(2.) All the sentences were ordered to run concurrently and the period spent in judicial custody shall be adjusted in the original imprisonment.

(3.) The gist of the prosecution story is that complainant Babulal Aamliya Meena submitted a written report at Police Station Bichhiwara to the effect that on 21/11/2002, he along with his family members were going to Ramsagra in a Truck bearing No. RJJ 4757. Due to rash and negligent driving of the said truck driver, the truck overturned. As a result of which, his father Kanka died on the spot. The said truck was being driven by the accused-petitioner. Upon the aforesaid report, an FIR was registered and after usual investigation, charge- sheet came to be submitted against the petitioner in the Court concerned.