RAM PAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant petition is moved against the judgment dtd. 3/10/2001 passed by learned Additional Chief Judicial Magistrate, Shahpura District Bhilwara in Regular Criminal Case No.316/1997 whereby the petitioner was convicted for offence under Sec. 279 and 304-A of IPC so also the judgment dtd. 13/7/2007 passed by learned Additional Sessions Judge No.2, Bhilwara whereby it affirmed the conviction and order of sentence.

(2.) Briefly stated facts of the case are that an accident took place on 3/6/1988 Jhajpur road, Shahpur wherein driver of a truck No.RRR 5505 hit the motorcycle from back side which was driven by one Shelendra Singh and his father was sitting as pillion. The report was submitted to the police by PW-5 Karanveer Singh based on which the FIR Exhibit P-9 got lodged. During investigation, the petitioner was arrested and after usual investigation, charge-sheet came to be submitted against him for committing offence under Ss. 279 & 304-A of IPC.

(3.) After taking cognizance of offence and framing of charges, learned trial court recorded the statement of six witnesses and the prosecution placed reliance on the relevant documents and then examined the petitioner under Sec. 313 Cr.P.C. wherein he denied from the allegations and pleaded innocence. Whereafter learned trial court heard the parties and vide judgment dtd. 3/10/2001 convicted him for offence mentioned above and sentence to undergo two years imprisonment for 304-A of IPC with fine and with default clause and three months imprisonment for Sec. 279 of IPC with fine and default clause.