DULICHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant criminal revision petition, a challenge has been made to the order dtd. 26/10/2007 passed by the learned Additional Sessions Judge No. 1, District Bikaner, in Criminal Appeal No. 13/2004 whereby the learned Appellate Court affirmed the conviction and sentence vide judgment dtd. 5/7/1999 passed by the learned Judicial Magistrate (First Class), Nokha, District Bikaner in Criminal Case No. 157/1994 by which the learned trial Judge convicted and sentenced the petitioner as under:-

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

(3.) Briefly stated the facts of the case are that on 6/4/1994, Shri Ummed Singh recorded Parcha Bayan of Shri Prem Chand in a Government Hospital, Nokha wherein Prem Chand stated that he along with some other persons were going to attend a marriage of Santosh Kumar on 5/4/1994. On the very next day i.e. 6/4/1994, when they were returning from Sadulsahar to Panchu in the aforesaid Jonga, at about 9.30 PM, the Jonga bearing registration No. RJ-19C-3317 being driven by Duli Chand overturned on account of rash and negligent driving resulting in death of Om Prakash and Akshay Raj and some other persons sustained injuries. On the basis of Parcha Bayan, the police registered a case under Ss. 279, 304-A, 337 and 338 of IPC and commenced the investigation. After completion of the investigation, the police submitted a charge-sheet against the accused-petitioner for the aforesaid offences. During the course of trial, the prosecution examined as many as 09 witnesses and submitted certain documents in support of their case. The accused-petitioner was examined under Sec. 313 Cr.P.C., in which he denied the allegations against.