PRITHVI SINGH Vs. STATE

JUDGEMENT

(1.) THIS is an application-in-revision filed by Prithvi Singh against the judgment of the Sessions Judge, Balotra, dated 28th October, 1975, up-holding the petitioner's conviction and sentence under S. 304-A, I. P. C. Sec. 3/112 and 22/123 of the Motor Vehicles Act and dismissing his appeal. It will not be out of place to mention that the petitioner was convicted by the Munsiff-Magistrate, Barmer, for the aforesaid offences and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs 51/-, in default of payment of fine to further suffer rigorous imprisonment for fifteen days on the first count, on the second to pay a fine of Rs. 100/-, in default of payment of fine to undergo simple imprisonment for fifteen days and on the third count to pay a fine of Rs 100/-, in default to suffer simple imprisonment for fifteen days.

(2.) THE prosecution case against the petitioner was that on 22nd October, 1968, at 1 p. m. while driving a truck in a rash and negligent manner on Barmer-Jaisalmer routs, he caused an accident, which resulted in the death of two persons namely, Bhikha son of Lala Ram and Mula son of Teeka Ram, THE petitioner was driving the truck without shaving a driving licence and other necessary documents pertaining to registration, insurance and fitness of the vehicle. A report of this accident was lodged with the Station House Officer, Barmer, by the petitioner himself. On the basis of the petitioner's report, a criminal case was registered against him under section 304-A. I. P. C. and under several sections of the Motor Vehicles Act. THE Station House Officer made the usual investigation into the case and eventually submitted a charge-sheet against the petitioner in the court of the Munsiff-Magistrate, Barmer, who, tried the petitioner and found him guilty in the manner stated above.