CHAUTH MAL SON OF SHRI GYARASI LAL, AGED ABOUT 31 YEARS, BY CASTE PRAJAPAT, RESIDENT OF SUBHASH COLONY, SHASTRI NAGAR, JAIPUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this revision petition aggrieved by the judgment and order dated 27.10.1999 vide which the petitioner has been convicted under Sections 279, 337 and 304-A of Penal Code as well as the order dated 27.01.2003 passed by Special Judge (Communal Riots/Mansingh Court), Jaipur in criminal appeal No.62/2001 whereby the court below has dismissed the appeal filed by the petitioner.

(2.) It is contended by counsel for the petitioner that the court below has based the conviction solely on the application filed by the petitioner vide which it is alleged that he pleaded guilty. It is contended that such application is not available on record and when the petitioner applied for a copy of the same, he has been informed that the application is not available on record and the application is also not entered in the court fee register. It is further contended that the application was not put to the petitioner under Sec. 313 Crimial P.C. and the conviction has been based solely on the said application.

(3.) It is further contended that from the site plan Ex.P-1, it is evident that the tractor was being driven on the left side of the road and the cyclist came from the opposite direction on the wrong side of the road, as a result of which, collusion took place. It is further contended that the investigation was not produced by the prosecution and the site plan being a material document and the petitioner was not afforded an opportunity to cross examine the Investigating Officer with relation to the site plan. It is further contended that the matter is of the year 1988, the petitioner faced trial till 1999 and on 14.10.1999, his statement under Sec. 313 Crimial P.C. was recorded therefore, there was no occasion for the petitioner to plead guilty within 12 days of recording of the statement under Sec. 313 Cr.P.C.