RAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner Ram Singh was convicted for offences under Sections 279 and 304-A, IPC by learned Chief Judicial Magistrate, Sriganganagar vide his judgment dated 7-2-1994. Appeal was preferred and the same was dismissed by learned Additional Sessions Judge No. 1, Sriganganagar by his judgment dated 20-6-1998. This revision was preferred and the sentence of petitioner was suspended. Nobody appeared on behalf of the petitioner when the revision came up for hearing on 23-3-1999. I have heard the learned Public Prosecutor and perused the record. A revision can be decided without hearing the counsel who has chosen not to appear, as in revisions Court can itself see the record without his assistance or assistance of the accused petitioner.

(2.) The memo of revision does not mention any ground of illegality committed by the trial Court or the appellate Court. What the revision mentions is that the petitioner has not been given benefit of probation and no special reasons have been recorded not to grant the same. It also states that the evidence on record is such by which it may be inferred that the petitioner was not driving the vehicle rashly and negligently and deceased Paramjeetkaur was sitting on the way and suddenly got struck against the back portion of the truck for which the petitioner was responsible and was unable to save her. It has been prayed that the petitioner may be acquitted. Learned PP has opposed all these averments stated in the revision.

(3.) I may mention the facts in brief, Malkiyat Singh lodged F.I.R on 2-10-1988 which narrates the incident as follows : Malkiyat Singh was residing in a quarter belonging to a mill with his family. He is a riksha pullar. On 2-10-1998 at about 4.30 p.m. he came to his quarter and asked his wife Smt. Paramjeetkaur to serve food to him. Thereupon Paramjeetkaur went out of the quarter to wash utensils. A cinema hall named "Ganesh Talkies" is situated nearby and there is a turning towards the road leading to quarter. Truck No. RSC 3125 which was being driven by the petitioner came towards that side and dashed against Paramjeetkaur. After the accident took place the driver took away the truck towards old power house. In the meantime, persons residing in quarters and the informant reached there. Paramjeetkaur was also taken to hospital where she died within a period of ten minutes. Case under Section 304-A, IPC was registered and after investigation challan was submitted. Accusation was read over to the petitioner on 9-1-1989 which he denied. Thereupon prosecution examined five witnesses in support of its case. Accused petitioner was examined under Section 313, Cr.P.C. wherein he admitted that he was driving the truck with care and caution and that he did not cause any accident as he was not at fault. He refuted the evidence of the witnesses of the prosecution. Learned Chief Judicial Magistrate, after, appreciating and scanning the evidence, convicted the accused petitioner as stated above. On appeal conviction was upheld and appeal was dismissed.