SIMRATH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been directed against the judgment dated 21/03/1995 passed by the learned Addl. Sessions Judge, Barmer, whereby he dismissed petitioner's appeal and maintained his conviction for the offences under Sec. 304 A and 279 I.P.C. and sentence for six months simple imprisonment and three months simple imprisonment respectively recorded by learned Civil Judge (JD) cum Judicial Magistrate, Barmer by his judgment dated 3-12-1994.

(2.) Briefly, the prosecution case is that on 25-12-1988 at about 7 PM, petitioner while driving truck No. RJC 4903 on the Barmer-Sindhari Road rashly and negligently hit the cycle, which deceased Chatarsingh aged about 35 years, was driving and caused injury to the latter who died instantaneously on the spot. On the report of PW 6 Veersingh, FIR Ex. P-5 was drawn at Police Station. Barmer at 7.30 PM on the same day. After usual investigation, the police submitted the challan before learned trial Magistrate against the petitioner for the offences under See. 279 and 304 A I.P.C. The petitioner denied the indictment and claimed trial. The prosecution examined as many as six witnesses. The petitioner in his plea recorded under See. 313. Cr. PC denied the circumstances appearing against him in the prosecution evidence. However he did not adduce any evidence in defence. After trial, the learned Magistrate by his judgment dated 3-12-1994 convicted and sentenced the petitioner in the manner indicated above and his appeal was dismissed by the learned Addl. Sessions Judge.

(3.) I have heard Mr. J. S. Choudhary learned counsel for the petitioner and Shri Rathore learned Public Prosecutor and perused the record of the lower Court.