BAGGA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition has been filed by the petitioner against the judgment dated 22.10.2002 passed by Additional Sessions Judge, Anupgarh (for short 'the appellate court' hereinafter) in Cr. Appeal No. 35/2002, whereby the appellate court has dismissed the said appeal and affirmed the order dated 13.09.2002 passed by Judicial Magistrate, First Class, Anupgarh (for short 'the trial court' hereinafter) in Cr. Case No. 328/1996, whereby the trial court has convicted and sentenced the accused-petitioner as under :

(2.) Both the sentences were ordered to run concurrently. Briefly stated facts, necessary for disposal of this revision petition, are that on 06.11.1996 at 8:10 A.M., one Shrawan Ram (PW.4) submitted a report to the Police Station, Anupgarh, stating therein that he is living separately from his father in Chak No.12 LSM and cultivating the filed of Baltej Singh. It is also stated that today morning Baltej Singh and his father Chanan Singh came in a tractor bearing No. RNC-622 along with trolly, wherein cotton was loaded. Baltej Singh asked the complainant to accompany them, upon which he went with them and sat on the trolly. On reaching Salempur, Baltej Singh took 5 liters of diesel in his tractor and when they were on right side, at 17 SJM Bus Stand, a truck with high speed came behind them and dashed their trolly. Chanan Singh was run over by the said truck and succumbed to injuries on the spot. It is also stated that Baltej Snigh also received injuries, he became unconscious and the complainant sent him to the hospital in a jeep.

(3.) After receiving the aforesaid report, FIR No.457/1996 was registered at Police Station, Anupgarh for the offences punishable under Sections 279, 304A I.P.C. The investigation was commenced and during investigation, Baltej Singh also succumbed to injuries. After completion of investigation, the police had filed the charge-sheet against the accused-petitioner for the aforesaid offences before the trial court and the trial court framed the charges against him for the offences punishable under Sections 279 and 304A I.P.C. The accused petitioner denied the charges and claimed trial.