DEVA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Unsuccessful in his attempt to assail the judgment dated 25th of Sept., 2002 rendered by Additional Chief Judicial Magistrate (Fast Track) Abu Road (for short, 'learned trial Court') before the learned Additional Sessions Judge, Abu Road, District Sirohi (for short, 'learned appellate Court'), petitioner has preferred this revision petition under Sec. 397 Crimial P.C. At the threshold, the learned trial Court convicted the petitioner for offence under Sec. 279 and 304-A Penal Code and awarded following sentences:- <FRM>JUDGEMENT_68_LAWS(RAJ)6_2016.html</FRM>

(2.) Being aggrieved by judgment of learned trial Court, petitioner preferred an appeal under Sec. 374 Crimial P.C. before the learned appellate Court and the learned appellate Court, while affirming judgment of learned trial Court, dismissed the appeal.

(3.) Fact apposite for the purpose of this revision petition are that complainant, P.W.2 Bhanwar Lal lodged an FIR with Police Station Abu Road on 13th of June 1998 with a specific allegation that accused/petitioner has caused an accident by driving jeep-taxi RST 1359 rashly and negligently causing death of his brother, Manna Ram. A specific allegation is made in the FIR that vehicle was driven at a fast speed and the driver lost its control over the same and eventually dashed with a pole of telephone lines and turned turtle. As a consequence of accident, Manna Ram was crushed and expired on spot. After investigation, police submitted charge-sheet against the accused-petitioner for offence under Sections 279 and 304-A IPC. The charges were framed against the accused-petitioner and accused-petitioner denied all the charges. Before the learned trial Court, the prosecution examined ten witnesses including the Investigating Officer. On conclusion of trial, the learned trial Court found the petitioner guilty of the offence under Sections 279 and 304-A Penal Code and sentenced him as aforesaid. Being aggrieved by the same, the petitioner preferred an appeal before the learned appellate Court and the learned appellate Court also affirmed the findings and conclusions of the learned trial Court. It is in that background petitioner has approached this Court.