SHIVRATAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant revision has been filed against the judgment passed: Additional Sessions Judge, Ratangarh in Criminal Appeal No. A (721 176/92 passed on 3.8.1998 confirming the judgment passed by Judicial Magistrate, Ratangarh in Criminal Case No. 86/87 dated 21.8.1990 convicting the petitioner Shivratan under Sections 279 and 304A I.P.C. sentencing to undergo 4 months "? R.I. and a fine of Rs. 5,000/- under Section 279 am months R.I. with a fine of Rs. 1,000/-.

(2.) In nutshell the content of FIR Exhibit are as under:-

(3.) The contents of this FIR do not indicate recklessness of the driver of the vehicle involved and this FIR discloses that child Durgadutt abruptly came from right side in front of the vehicle involved and this FIR was lodged by Shiv Swami a shop keeper under Sections 279 and 337 I.RC. Subsequently, after demise of injured and after investigation, charge sheet was filed under Sections 279 and 304-A.