SUMITRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant misc. petition, challenge has been made to the order dtd. 18/9/2017 passed by learned District and Session Judge, Pratapgarh in Criminal Revision Petition No. 37/2017 whereby the order dtd. 8/5/2017 passed by learned Judicial Magistrate, Pratapgarh was affirmed and an application filed under Sec. 319 Cr.P.C. on behalf of the petitioner was rejected.

(2.) The petitioner happens to be complainant of a case in which after investigation charge-sheet came to be submitted for offence under Ss. 279 and 304A of IPC and Sec. 146/196 of the Motor Vehicles Act. The charge- sheet came to be submitted only against accused Shivlal who was driving a motorcycle and hit the deceased as a consequence of which deceased Shyamsundar died.

(3.) Succinctly stated the facts fo the case are that the deceased was traveling in a bus bearing registration No. RJ-14-PB-1001 which made a stop at Aamli Ghat place. Some of the passengers alighted from the vehicle to answer the nature's call. While alighting from the bus, the accused Shivlal who was driving the motorcycle negligently hit the deceased as a consequence of which bus passenger Shyamlal received injuries and then succumbed to death.