OM ALIAS OM SINGH Vs. STATE

JUDGEMENT

(1.) By way of this revision, petitioner has assailed the judgment dated 18.7.2001 of the learned Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act Cases, Sawaimadhopur passed in Cr. Appeal No.9/2001 (10/2001) whereby the order dated 19.1.2001 passed by learned Judicial Magistrate, Khandar (Sawaimadhopur) in regular Cr. Case No.427/96 was affirmed and appeal was rejected. Learned Judicial Magistrate, Khandar (Sawaimadhopur) vide order dated 19.1.2001 convicted and sentenced the petitioner as follows :

(2.) All the sentences were ordered to run concurrently.

(3.) In brief, facts of the case are that on 1.5.1995 at about 12.00 noon, Jamnadhar (PW-1) submitted a written information (Ex.P-1A) before SHO, Police Station Bahrawadakalan (Sawaimadhopur) alleging inter alia that on 30.4.1995 at about 4.00 - 5.00 PM, he and his family members near about 20- 25 other persons had gone to village Gothra in a hired tractor with trolley of Sher Singh for some marriage ceremony and in the night they started return journey. When tractor reached at Moroj road at about 4.00 5.00 AM, then the driver of the tractor negligently gave a turn to the tractor, due to which the tractor trolley got turtled and the persons sitting in trolley were pressed below the trolley, as a result Rugnathi, Kala, Gajanand, Chetram, Ghanshyam and Parshuram died on the spot and Sampati (PW-7), Sampati (PW-9), Mukesh (PW-5) and Kapoori (PW-3) got injured. The injured were rushed to hospital, Sawaimadhopur by a Bus. Bodies of the deceased have been cremated by them. On this report, formal FIR 18/1995 (Ex.P-2A) was registered. After due investigation, chargesheet was preferred against the petitioner and 13 other persons. Learned trial court framed charges for offences u/s 279, 337, 338 and 304A IPC against the petitioner and for offence u/s 201 IPC against 13 other persons. Prosecution examined 22 witnesses and exhibited 41 documents. All the accused were examined u/s 313 Cr.P.C. No witness was examined or document was exhibited in defence. During trial, one accused died. After hearing arguments, learned trial court acquitted rest of other 12 accused from charge u/s 201 IPC and convicted & sentenced the petitioner as stated hereinabove. On appeal, learned Special Jude vide judgment dated 18.7.2001 rejected the appeal of the petitioner.