JOGENDRA SINGH Vs. STATE

JUDGEMENT

(1.) This revision is directed against the appellate judgment dated 14-2-90 whereby the learned Addl. Sessions Judge, Rajasmand upholding the conviction of the petitioner under Ss. 279, 337, 338, 304-A, I.P.C. and 118-A Motor Vehicles Act, reduced the sentenced of imprisonment and sentenced him as follows :-

(2.) The short facts of the case are that on 29-5-87 Mahendra, P.W. 11 lodged a report at P.S. Bhim that he and his family members were travelling in Jeep S.R.T. No. 7254 and when they were some 20 Kms. away from Bhim Truck No. D.E.L. 4172 came from opposite direction with excessive speed and collided with their vehicle resulting into the death of Rafique, driver of the Jeep and Smt. Lata, sister-in-law of first informant and injuries to various persons. The police after investigation submitted a challan against the accused-petitioner.

(3.) To the accusations read over to the accused he pleaded not guilty and claimed a trial. The prosecution examined P.W.1 Ajuba, P.W.2 Heeralal, P.W.3 Dr. Rajendra Gorvara, P.W.4 Laxman Singh, P.W.5 Bhim Singh, P.W.6 Chandan Singh, P.W.7 Mithu Singh, P.W.8 H. C. Sharma, P.W.9 Daulal, P.W.10 Narayan Das, P.W.11 Mahendra Kumar, P.W.12 Nemichand, P.W.13 Nenu Ram, P.W.14 Pratap Singh and P.W.15 Smt. Baya Devi. Accused in his statement u/S. 313, Cr. P.C. denied accusations. He came out with the case that he had driven the truck only up to Bhim and the driver of the other vehicle of the same company took away the truck from Bhim. He examined one witness in defence.