RAMESH PRAKASH Vs. STATE OF RAJASTHA

JUDGEMENT

(1.) The Petitioner has made challenge to the judgment of conviction and order of sentence dtd. 30/6/2000, passed by the learned Judicial Magistrate Ist Class, Nava, in Criminal Regular Case No. 120/1996, whereby he was convicted and sentenced to suffer imprisonment in following terms:--

(2.) I have heard the Counsel of the parties and gone through the record.

(3.) Briefly, the facts of the case are that accident took place on 9/6/1996, at 9.00 p.m., in which Manohar and Babulal, succumbed to death. The report was lodged by ASI Binjaram and certainly he was not present when the accident took place. After investigation, police filed challan against the petitioner for committing an offence under Ss. 279, 337 and 304-A of the IPC and for which cognizance was taken and substance of accusation was stated to him.