RAM BILAS Vs. STATE

JUDGEMENT

(1.) THIS revision petition is directed against the judgment passed by the Sessions Judge, Sikar upholding the conviction of the accused-petitioner which was passed by the Judicial Magistrate, Sikar on 3-8-76. The accused-petitioner was held responsible for the offence under Sec. 304-A, IPC and was sentenced to one year's R. I. and a fine of Rs. l,000/ -. The accused-petitioner filed an appeal against his conviction and sentence, which was dismissed. Hence, this revision.

(2.) BRIEFLY stated, the facts of the case are that a report Ex. P. 1-A was lodged at the police station, Sadar (Sikar) by the accused-petitioner himself in which it was alleged that he was driving the bus RSM 9960 of the Rajasthan State Road Transport Corporation and was going towards Bikaner from Jaipur. It was further alleged that in the way near Bajor village when one woman was going with her husband on the middle of the road and moved hither and thither she was accidentally hit from the right side of the bus. It was further alleged that the driver stopped the bus and took the injured in his bus to the hospital. On this report, a case was registered by the police and FIR (Ex. P. 3) was chalked out. Site Plan (Ex. P. 5) was prepared and seizure memo of the bangles of the deceased (Ex. P. 4) and arrest memo (Ex. P. 2)were also prepared by the Investigating Officer. The vehicle was also mechanically examined vide memo (Ex. P. 6 ).

(3.) I have considered the arguments advanced by the learned counsel for the parties. In this case, two eye-witnesses have been examined by the prosecution, i. e. PW2 Raghunath and PW5 Bhunaram.