BHANWARU KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing this instant petition under Ss. 397 and 401 of the Code of Criminal Procedure, the petitioner has assailed the judgment dtd. 7/7/2006 passed by the learned Sessions Judge, Balotra (Shri T.H. Samma, RHJS) in Criminal Appeal No. 8/2004, whereby the learned Appellate Court, while partly allowing the petitioner's appeal, modified and reduced the substantive sentences awarded to him by the Trial Court and sentenced him to undergo one month's simple imprisonment under Sec. 279 IPC, three months' simple imprisonment under Sec. 337 IPC, nine months' simple imprisonment under Sec. 338 IPC, and one year's simple imprisonment under Sec. 304-A IPC, along with a fine of Rs.500.00, and in default of payment of fine, to further undergo one month's simple imprisonment, with all sentences directed to run concurrently. The petitioner has also challenged the earlier judgment dtd. 26/8/2004 passed by the learned Judicial Magistrate, Balotra in Criminal Case No. 123/1997, whereby he was convicted and sentenced to six months' rigorous imprisonment under Sec. 279 IPC, six months' rigorous imprisonment under Sec. 337 IPC, one year's rigorous imprisonment under Sec. 338 IPC, and two years' rigorous imprisonment under Sec. 304-A IPC, along with a fine of Rs.1,000.00, and in default thereof, to further undergo two months' simple imprisonment, with all sentences directed to run concurrently. The petitioner seeks setting aside of both the judgments on the grounds urged in the present revision.

(2.) The brief facts of the case are that an FIR was lodged on 5/12/1996 by one Ashok Kumar at Police Station Kalyanpur, alleging that on the same day, while he and his family members were travelling in a Rajasthan Roadways bus (No. RJ-04 P-0098) towards Pali, and the bus was being driven by Rana Ram, a truck (No. RJ- 01 G-0457), driven rashly and negligently by one Bhanwru Khan, collided with the bus near Balotra. The truck entered from the driver's side, causing injuries to several passengers including the driver and the conductor (khalasi). One passenger, Gudi No. Satya Narayan, died on the spot. Upon registration of the FIR, the police investigated the matter and filed a chargesheet against the present petitioner. The case was tried before the Judicial Magistrate, Balotra. During the trial, the prosecution examined 20 witnesses and exhibited several documents. The petitioner's statement was recorded under Sec. 313 Cr.P.C., and one defence witness (DW-1 Shokin) was also examined. After the conclusion of the trial, the learned Judicial Magistrate convicted the petitioner for offences under Ss. 279, 337, 338, and 304-A IPC and sentenced him accordingly vide judgment dtd. 26/8/2004. Aggrieved by the said judgment, the petitioner preferred an appeal before the learned Sessions Judge, Balotra, who, vide judgment dtd. 7/7/2006, partly allowed the appeal and reduced the sentence on each count. Challenging the legality, propriety, and correctness of both the judgments, the petitioner has approached this Court by way of the present revision petition.

(3.) Heard learned Counsels present for the parties and gone through the materials available on record.