HAMID KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition under Section 397/401 of the Code of Criminal Procedure, 1973 (for short 'the Code' hereinafter), is directed against the judgment and order dated 07.01.2006 passed by Additional Sessions Judge, Banswara (for short 'the appellate court' hereinafter) in Criminal Appeal No. 55/2004, whereby the appeal filed by the petitioner against the judgment and order dated 24.6.2004 passed by Judicial Magistrate, Bagidora, district Banswara (for short 'the trial court' hereinafter), was dismissed. However, while, maintaining the conviction of the petitioner for the offences under Sections 279 and 304-A IPC, the substantive sentence of imprisonment awarded by the trial court for the offence under Section 279 IPC was reduced from six months' to three months' simple imprisonment and for the offence under Section 304-A IPC, the substantive sentence of imprisonment was reduced from one year to six months' simple imprisonment. Aggrieved by the judgment and order impugned, the petitioner has filed the instant revision petition.

(2.) I have heard learned counsel for the petitioner and public prosecutor for the State. Carefully gone through the judgment and order of the appellate court as well as of the trial court and record of the trial court.

(3.) The petitioner was put to trial for the offences under Sections 279 and 304-A IPC on a report lodged by PW-3 Nand Kishore, Constable, who at the relevant time of the accident, was posted at outpost Anas police Chouki, Police Station Sallopat. He witnessed the occurrence while performing the duty at the police chouki and stated that while he was standing by the side of the police chouki, a truck bearing No.M.P. 14/C-4600 came at a great speed which was being driven rashly and negligently, hit a person standing at the road side, who was crushed under the rear wheel of the truck. The truck was chased and a wireless messages were also sent to police station, Kushalgarh and Kalinjara. The truck was intercepted and seized by the police; the petitioner was arrested and he has been identified by PW-3 and other witnesses. PW-3 stated that it was the petitioner, who at the relevant time of occurrence, was driving the truck at a great speed rashly and negligently and hit a person, who was standing at the road side. The first information report was promptly lodged by PW-3 giving entire details including the vehicle number. The medical evidence and the post-mortem report Ex.P-5 show the cause of death due to the injuries suffered in the road accident.