RAMDAYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner Ramdayal was convicted by the Additional Munsiff Magistrate, First Class Ajmer for an offence under Sec. 304A, I.P.C. and was sentenced to simple imprisonment for a period of six months and to pay a fine of Rs. 500.00 and in default of payment of fine to further undergo three months' simple imprisonment vide his judgement dated 20-1-1971. The petitioner preferred an appeal against the aforesaid judgement of the learned Additional Munsiff Magistrate to the Sessions Judge, Ajmer which was transferred to and heard by the learned Additional Sessions Judge, Ajmer who, upheld the conviction and sentence and dismissed the appeal vide his judgment dated 22-6-1972. Aggrieved by this judgement, the petitioner has filed this revision.

(2.) I have heard the learned counsel for the petitioner and the learned Public Prosecutor and have also gone through the record, of the case.

(3.) Briefly stated the prosecution case is that the petitioner was driving the bus No, RJ2 - 2894 at about 12.00 noon and while coming from the side of Srinagar to Ajmer he knocked down a boy, who was crossing the road. One Rampal lodged the report at the Police Station, Alwar Gate-Ajmer on 11-2-1968 at about 12-30 p.m. with the allegation that the bus was being driven at the very fast speed. The driver did not sound the horn and the boy died at the spot. The prosecution examined as many as 8 witnesses (three being eye-witnesses). The petitioner examined only one witness in his defence. After trial the learned Magistrate held the petitioner guilty of an offence under Sec. 304A I P.C. and convicted and sentenced him as mentioned above.