BHOLA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the parties and examined the impugned order.

(2.) Petitioner Bhola Ram has been found guilty of having driven his Truck rashly and negligently on a pubiic road on 2.4.84 at 5.15 p.m. near Katputli Colony and by his said rash and negligent act to have caused the death of Mukesh, deceased, aged about 5 years. He has been convicted accordingly and sentenced to undergo R.I. for one year + fine of Rs. 500.00 for offence Under section 304-A Indian Penal Code and fine of Rs. 500.00 for offence Under section 279 Indian Penal Code. The order of the learned Magistrate dated 3.1.97 has been confirmed by the learned Sessions Judge in appeal vide his judgment and order dated 23.6.97.

(3.) I examined the records of the inferior courts. Both the courts below haver recorded concurrent finding that the petitioner had been driving his vehicle so rashly on the public road as endangered the safety of others and by his said act of rashness and negligence he has caused the death of Mukesh, deceased. Such finding is based on the evidence of 9 witnesses, examined at the trial of the petitioner.- The evidence on the record of the lower court corroborates such finding. The learned counsel, therefore, did not rightly challenge the concurrent findings, as recorded by the courts below. Conviction of the petitioner for the offences Under section 279 and 304-A Indian Penal Code is, therefore, sustained. For sentence, however, it was submitted that the petitioner comes from a poor family, earning livelihood for his dependents by doing manual labour and that he has already faced ordeal of his trial for about 12 years. It was further submitted that the petitioner has been in detention for the last about two months. The facts stated by the learned counsel for the petitioner were not disputed by the learned Public Prosecutor and such facts are also, to a great extent, supported by the evidence on the record and facts and circumstances of the case.