SHARAFAT KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant criminal revision petition under Section 397/401 of the Code of Criminal Procedure, 1973 (for short 'the Code' hereinafter), the petitioner has assailed the judgment and order dated 23.2.2006 passed by Additional Sessions Judge, Banswara (for short 'the appellate court' hereinafter) in Criminal Appeal No. 37/04, whereby the appellate court partly allowed the appeal filed by the petitioner against the judgment and order dated 15.09.2003 passed by Judicial Magistrate, Banswara (for short 'the trial court' hereinafter) in Criminal Case No. 246/2003 and while maintaining the conviction of the petitioner for the offence under Section 304-A IPC, reduced the sentence of imprisonment awarded by the trial court from one year to six months. By the judgment and order dated 15.09.2003, the trial court convicted the petitioner for the offence under Section 304- A IPC and sentenced him to undergo one year's simple imprisonment and a fine of Rs.200/-, in default of payment of fine to further undergo one month's simple imprisonment.

(2.) Aggrieved by the judgments and orders impugned, the petitioner has filed the instant criminal revision. I have heard learned counsel for the petitioner and public prosecutor for the State. Carefully gone through the judgments and orders impugned and record of the trial court.

(3.) It is contended by the learned counsel for the petitioner that at the place of occurrence, there was a circle and curve on the road and therefore, the offending bus could not have been driven at a great speed. Learned counsel further submits that even if the bus is driven at a slow speed and a person going ahead is hit, it cannot be said that it was the bus driver who is negligent in causing the accident. Lastly, it was contended that the petitioner has undergone the imprisonment for about two months and therefore, the sentence awarded may be reduced to the period of imprisonment already undergone by him.