RAM BHAROSE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition under Sec. 397/401 Cr.P.C. has been filed by the petitioner challenging the judgment dtd. 17/6/2015 passed by learned Additional Sessions Judge No. 1, Jodhpur Metropolitan (hereinafter referred to as 'the appellate court') in Criminal Appeal No. 33/2014 by which the appellate court dismissed the appeal of the petitioner and upheld the judgment dtd. 23/6/2014 passed by the learned Additional Chief Metropolitan Magistrate, Jodhpur Metropolitan (hereinafter referred to as 'the trial court') in Regular Criminal Case No. 201/2014 whereby, the learned trial court convicted the present petitioner for offence under Ss. 279, 304A IPC and Sec. 134/187 of MV Act and sentenced as under :

(2.) Brief facts of the case are that on 18/8/2006 the complainant submitted a written report at Police Station Road Accident (West), Jodhpur alleging therein that on 18/8/2006 he along with Karulal, Radheyshyam, Kanwarlal and few other persons were proceeded for Ramdevra Pilgrim as pedestrian. When they reached near Goyalon Ki Dhani, at that time a tractor trolley came from opposite direction, which was being driven by its driver rashly and negligently and hit Karulal, resulting thereby his brother Karulal sustained multiple severe injuries. Soon after the accident, Karulal brought to MDM Hospital where he died during treatment.

(3.) On this complaint, the police registered the case against the accused-petitioner and started investigation. After investigation, the police filed challan against the accused-petitioner for offence under Ss. 279, 304A IPC and Sec. 134/187 of MV Act. Thereafter, the charges of the case were framed against the accused-petitioner. He denied the charges and claimed trial.