RAMVEER SINGH S/O SHRI DILBAGH SINGH, BY CASTE JAT, RESIDENT OF SAGHI, P.S. ROHTAK SADAR, DISTRICT ROHTAK (HARYANA). (AT PRESENT LODGED IN DISTRICT JAIL, RAJSAMAND) Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been preferred on behalf of the accused petitioner challenging the judgment dated 02.09.2016 passed by Learned Additional Sessions Judge, Rajsamand in Criminal Appeal No.35/2015 whereby he has upheld the judgment impugned dated 03.06.2013 passed by learned Judicial Magistrate, First Class, Devgarh, District Rajsamand and convicted the accused petitioner for the offence punishable under Sections 279 and 304-A I.P.C. as also under Sec. 134/187 of Motor Vehicle Act and sentenced him with simple imprisonment for a period of six months and imposed fine of Rs.500.00 for the offence punishable under Sec. 279 I.P.C. The accused petitioner was also sentenced for the offence punishable under Sec. 304-A I.P.C. with simple imprisonment for two years and a fine of Rs.1000.00. The petitioner was also sentenced with simple imprisonment for one month and a fine of Rs.500.00 for the offence punishable under Sec. 134/187 of Motor Vehicle Act. He was also directed to serve out additional sentence in default of payment of fine with 15 days, one month and 15 days respectively.

(2.) Briefly stating the relevant facts are that a FIR Ex.P/4 was lodged by Dilip Singh mentioning that at 4.40 pm on 18.5.2006, when his nephew Manoj Kumar, aged 11 years was crossing the road to go to his grand father's well from the house situated across the road, one speeding truck bearing registration No.HR- 46-B-3580 dashed him while coming from Bhim. The driver was driving the vehicle negligently and rashly. Tyre of the truck crushed Manoj Kumar beneath his waist. He died on the spot. Driver ran away with the truck. Dilip Singh informed Police Station Diwer telephonically about number of the truck. Besides the complainant, Sukhdev Singh, Jhala Ram, Ghanshyam Singh etc. were also eye witnesses of the accident.

(3.) After investigation, police submitted a charge-sheet against the petitioner for the offence punishable under Sections 279 and 304-A I.P.C. and Sec. 134/186 of Motor Vehicle Act. After conducting trial, learned trial Court convicted and sentenced the accused petitioner as mentioned above vide judgment dated 006.201