DWARKA DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner and the learned Public Prosecutor.

(2.) This criminal revision petition is directed against the order dated 9th June, 1995 passed by the learned Additional District and Sessions Judge No. 3. Jodhpur in Criminal Misc.Petn. No. 4/95 Dwarka Das v. State of Rajasthan whereby the conviction of the accused-petitioner under Sections 279 and 304-A of the Indian Penal Code was upheld but sentences imposed under Sections 279 and 304-A of the Indian Penal Code were reduced to simple imprisonment for one month and fine of Rs. 200/- under Section 279 and simple imprisonment of three months and fine of Rs. 1,000/- under Section 304-A of the Indian Penal Code. It was further directed by the learned Additional Sessions Judge that in the event of default in payment of fine the accused-petitioner shall undergo further simple imprisonment for 15 days and one month respectively.

(3.) The learned Counsel for the petitioner has submitted that the trial Court had committed a grave error by holding the petitioner guilty under Sections 279 and 304-A of the Indian Penal Code and the learned Additional Sessions Judge has also committed a grave error by maintaining the conviction of the petitioner. It is submitted by the learned Counsel for the petitioner that the prosecution evidence is not sufficient to prove the offences punishable under Sections 279 and 304-A of the Indian Penal Code against the petitioner and, therefore, he is entitled to be acquitted on both the counts.