SAHEB SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed by the petitioner Saheb Singh s/o Balkar Singh @ Bal Karan Singh resident of Sujkhalpur, Police Station and Tehsil Hindumalkode District Sriganganagar, under Section 397 read with Section 401 Cr.RC. against the judgment dated 7/6/2003 passed by the Addl. Sessions Judge, Anoopgarh in criminal appeal no. 18/2003 by which the appellate court affirmed the judgment dated 24/3/2001 passed by the Judicial Magistrate (1st Class) Anoopgarh in criminal case no. 82/96, whereby, the accused petitioner was convicted for the offences under Section 304A and 279 I.P.C. and he was visited with the punishment in the following manner:- <FRM>JUDGEMENT_137_LAWS(RAJ)6_2016_1.html</FRM>

(2.) The brief facts of the case are that one FIR dated 11/3/1996 was lodged by P.W.3 - Hakam Singh s/o Gurdeep Singh inter alia indicating that fie along with Mukhtiar Singh, Teja Singh and Baldeo Singh were going from Anoopgarh to their village; they were taking tea near bus stand 87 GB; one Pratap Singh resident of 6 APM came and took wheat from flour mill of Labh Singh and was loading on to his cart, when all of a sudden Bus No.RJ-13-P-0098 came rashly and hit Pratap Singh, who fell down. The driver of the bus stopped the vehicle and he along with 2-3 persons came and took Pratap Singh in the bus for taking him to the hospital, they followed the bus and found the same at Bus stand Sameja Kothi and found Pratap Singh lying dead in the bus with his legs bleeding. Pratap Singh died on account of being run over by the bus. On the report, the Police registered a case and started investigation. After investigation, challan was presented against the petitioner. During trial, the prosecution examined 07 witnesses in all, where after, the statement of the accused was recorded under Section 313 Cr.P.C. and on conclusion of the trial the Judicial Magistrate by judgment dated 24/3/2001 convicted the petitioner for the offences under Sections 279 and 304A I.P.C. and passed the sentence as indicated hereinbefore.

(3.) Feeling aggrieved, the petitioner filed an appeal, however, the appellate court while affirming the findings recorded by the trial court dismissed the appeal filed by the petitioner by its impugned judgment dated 7/6/2003. Hence the present revision petition.