BHAGIRATH DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this revision petition being dis-satisfied with the judgment dated 20th June, 2003 passed by Additional Sessions Judge, Ratangarh Camp at Sujangarh (for short, 'learned appellate Court'), whereby the learned appellate Court, while reducing the sentence awarded by the Judicial Magistrate (First Class), Sujangarh (Churu) (for short, 'learned trial Court'), has modified the judgment dated 5th of February, 2002 passed by the learned trial court. The learned trial Court convicted the petitioner for offence under Sections 279 and 304A I.P.C. and awarded following sentences:- <FRM>JUDGEMENT_438_LAWS(RAJ)5_2016_1.html</FRM>

(2.) Being aggrieved by judgment of learned trial Court, petitioner preferred an appeal under Section 374 Cr.P.C. before the learned appellate Court and the learned appellate Court, while reducing the sentences, parity allowed the appeal.

(3.) In brief, the facts of the case are that on 29.08.1998 PW.3 Shri Sanjay Sharma. SHO, Police Station Chappar went to Govt. Hospital, Sujangarh and recorded statements of one Yunus Ali. In his statements, Yunus Ali stated that he along with Bajrang Lal and Liaqat Ali were going on a motor cycle, which was driven by Bajrang Lal. When they reached near a bridge of Beed Chapar, a jeep bearing No. RJ-23-C-2601, coming from the opposite direction, which was driven rashly and negligently by its driver at very high speed dashed with the motor cycle. Due to the said accident, Bajrang Lal became unconscious and he suffered injuries on his head, feet and hands. He further informed to RW.3 that Liyakat Ali also suffered injuries and later on they were taken to hospital at Sujangarh in another jeep. During treatment, Bajrang Lal expired. On the basis of statements of Yunus Ali, an FIR bearing No. 125/1998 for offence under Sections 279, 337 and 304-A IPC was registered. After investigation, police submitted charge-sheet against the accused-petitioner for offence under Sections 279, 337 and 304-A IPC. The charges were framed against the accused-petitioner and accused-petitioner denied all the charges. During trial, on the basis of a compromise, the accused-petitioner was acquitted for offence under Section 337 I.P.C. Before the learned trial Court, the prosecution examined six witnesses. Thereafter, statement of accused-petitioner under Section 313 Cr.P.C. was recorded and, in his defence, petitioner examined two witnesses. On conclusion of trial, the learned trial Court found the petitioner guilty of the offence under Sections 279 and 304-A IPC and sentenced as aforesaid. Being aggrieved by the same, the petitioner preferred an appeal before the learned appellate Court and the learned appellate Court, while reducing the sentence, partly allowed the appeal. It is in that background petitioner has approached this Court.