CHANDAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition under Sec. 397 read with 401 Cr.P.C. has been preferred against the judgment dtd. 5/6/2009 passed by the learned Additional Session Judge, Nathdwara, District Rajsamand in Criminal Appeal No. 22/2007, whereby the judgment dtd. 18/9/2007 passed by the learned Judicial Magistrate, First Class, Nathdwara, District Rajsamand, in Criminal Original Case No. 65/2005 was upheld. The petitioner was convicted and sentenced vide order dtd. 18/9/2007 as below:

(2.) Succinctly stated, facts of the case are that on 11/5/2005 at around 6:45 PM, the petitioner was driving a Jeep bearing registration No. RJ-30-T-0376 on a public road near Palera Talab, Delwara. It is alleged that while attempting to climb a slope, the jeep could not ascend. The petitioner, acting in a rash and negligent manner, suddenly reversed the jeep at a high speed without taking due care and caution. In the process, the reversing jeep hit an elderly lady, Smt. Shanti Devi, who was walking on the road behind it. The impact caused her to fall, and the jeep's tyre ran over her, resulting in grievous injuries. She was rushed to the hospital but succumbed to her injuries. Based on FIR No. 34/2005 dtd. 15/5/2005, lodged by Narayan Lal (PW-1), a case was registered under Ss. 279 and 304-A of the Indian Penal Code.

(3.) Charge-sheet under Ss. 279 and 304A IPC was submitted against the petitioner before the Trial Court, where charges were framed against the petitioner for the offences as stated above. The petitioner denied the charges and pleaded not guilty and thereby demanded to be tried on merits.