SHAMI KHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing this criminal revision petition, the petitioner has challenged judgment and order dtd. 27/1/2025 passed by the Court of Additional Civil Judge (JD) and Judicial Magistrate No. 1, Alwar (hereinafter to be referred as 'the trial court') in Criminal Case No. 234/2001, whereby the petitioner was convicted under Ss. 279 and 304A of the Indian Penal Code (for short 'IPC') and sentenced under Sec. 279 IPC with six months' simple imprisonment and fine of Rs.200.00, in default of payment of fine to further undergo 15 days' additional imprisonment as also under Sec. 304A IPC with two years' simple imprisonment and fine of Rs.500.00, in default of payment of fine, to further undergo one month's additional imprisonment. Both the sentences were ordered to run concurrently.

(2.) The petitioner has also challenged judgment and order dtd. 19/7/2007 passed by the Court of Additional Sessions Judge No. 2, Alwar (hereinafter to be referred as 'the appellate court') in Criminal Appeal No. 38/2005, whereby the criminal appeal filed by the petitioner has been dismissed and judgment and order passed by the trial court has been affirmed.

(3.) Learned counsel for the petitioner submits that both the courts below have committed serious jurisdictional error as well as material irregularity and illegality in not appreciating the evidence in right perspective and the judgments to convict the petitioner have been passed on the basis of sheer misreading of the evidence on record. Learned counsel for the petitioner submits that it is clear by perusal of FIR lodged by the father of the deceased that on 21/9/2001, at around 4.30/5/0 P.M., when his son Kamal, aged 13 years, was going to his shop from his home, one tempo bearing no. RJ-02 P 1259, which used to ply at Alwar Bhajera route and was being driven by Kala @ Samee Kha came with high speed and crushed his son and on account of injuries caused due to said accident, his son expired. It was also mentioned in the FIR that the tempo driver immediately ran away by leaving the tempo at the spot.