BHAGWAN SINGH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner was convicted under section 304-A, Indian Penal Code and was sentenced to undergo imprisonment for one year by the Munsiff-Magistrate, Dholpur. On appeal, the learned Additional Sessions Judge, Dholpur, confirmed the order of conviction and sentence. Aggrieved by this decision, the petitioner has filed this revision petition.

(2.) The facts that gave rise to the prosecution of the petitioner, briefly stated, are these : On Oct. 13, 1969, just near Maharaj Bagh in town Badi, a boy named Tulsi was going on a horse accompanied by his mother Smt. Ramdei (P. W. 7) and four others. The truck bearing number RJR 2249 came from behind and dashed against the horse as a result of which the boy fell down. In that process, the boy sustained injuries and died on the spot.

(3.) The prosecution case was that the petitioner drove the truck rashly and negligently and therefore he was liable to be punished under section 304-A of the Indian Penal Code.