RAMESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Unsuccessful in his attempt to assail the judgment dated 30th November, 2002 rendered by Additional Chief Judicial Magistrate (Fast Track) Ghatol (for short, 'learned trial Court') before the learned Additional Sessions Judge No.3 (Fast Track) Banswara (for short, 'learned appellate Court'), petitioner has preferred this revision petition under Section 397 Cr.P.C. At the threshold, the learned trial Court convicted the petitioner for offence under Section 304A, 279 and 337 I.P.C. and awarded following sentences:- <FRM>JUDGEMENT_115_LAWS(RAJ)6_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 affirming judgment of learned trial Court, dismissed the appeal.

(3.) In brief, facts of the case are that an oral report was submitted before the Police Station Pipalkhut by one Shri Kanti stating that he along with Suri, Bapuda and Dalji were travelling in a trolley attached with tractor bearing No. RJ-03-645. The driver of the tractor, Ramesh, drove the tractor rashly and negligently and with very fast speed due to which the tractor turned turtle. As a consequence of accident, Dalji was crushed and expired on the spot. On the basis of the oral report, an FIR for offence under Sections 279 and 304A I.P.C. was lodged. After investigation, police submitted charge-sheet against the accused-petitioner for offence under Sections 279, 337 and 304A I.P.C. The charges were framed against the accused-petitioner and accused-petitioner denied all the charges. Before the learned trial Court, the prosecution examined twelve witnesses and exhibited several documents. On conclusion of trial, the learned trial Court found the petitioner guilty of the offence under Sections 279, 337 and 304A I.P.C. and sentenced 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.