BIRDA RAM Vs. STATE

JUDGEMENT

(1.) By way of filing the instant criminal revision petition, a challenge has been made to the order dtd. 8/4/2004 passed by learned Additional Sessions Judge No. 1, Jodhpur, in Criminal Appeal No. 13/2004 whereby the learned appellate Court dismissed the appeal filed against the judgment of conviction dtd. 16/4/2003 passed by the learned Judicial Magistrate No. 4, Jodhpur in Criminal Case No. 12188/2000 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.) The gist of the prosecution story is that on 12/9/2000, one Pappu gave a written report to the Police at Police Station Industrial Area Basni, Jodhpur to the effect that he was driving a truck bearing No. RJ-19-G-2636 from Jhalamand to Jodhpur loaded with Nirma soap and surf, wherein Shri Om Prakash, Ashok and Bhagwana Ram were sitting. When his truck reached pali road near AFRI main gate, his truck was hit by another truck filled with bajri bearing No. RJ-19-G-1074 which was driven by the present petitioner Birda Ram, as a result of which, Bhagwana Ram and Ashok fell down from the truck and sustained multiple severe injuries and during treatment, Bhagwana Ram died. Upon the aforesaid information, an FIR was registered and after usual investigation, charge-sheet came to be submitted against the petitioner in the Court concerned.