KAN SINGH Vs. STATE

JUDGEMENT

(1.) PETITIONER, Kan Singh, was tried for the charge under section 304a and 279 of the Indian Penal Code by the Munsif & Judicial Magistrate, Jodhpur District Jodhpur. dated 17th July 1980 sentenced to one month's charge, under Section 279 IPC and 6 months' rigorous imprisonment and a fine of Rs. 200/- in default to undergo three months' simple imprisonment for the offence under Section 304-A Indian Penal Code. Aggrieved petitioner Kansingh preferred appeal which was rejected by the learned Additional Sessions Judge No. 1, Jodhpur vide judgment dated 20th of February, 1981.

(2.) BRIEFLY stated, the prosecution case leading to the trial of the petitioner and his conviction was that on 24. 11. 74 at about 10 a. m. near bus stand Sarecha, he, while driving bus RSQ 2439, caused injuries to Nathu Singh who succumbed to those injuries while taken to the hospital. The allegation against the petitioner was that he was driving the bus rashly and negligently which resulted into the accident causing death of Nathu Singh. Prosecution examined 11 witnesses. In his statement under Section 313 Cr. P. C. , the petitioner denied the allegations levelled against him and stated that he was not driving the vehicle rashly or negligently. Two defence witnesses were examined.

(3.) CONSEQUENTLY, the revision petition of Kan Singh is allowed. The conviction and sentence of the petitioner are set aside and he is acquitted of the charge. He is on bail. His bail bonds stand discharged. .