BHAGIRATH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused petitioner Bhagirath Singh was convicted by learned Additional Munsif and Medical Magistrate No. 2, Hanumangarh Junction for offence under Section 279 and sentenced to three months' simple imprisonment with a fine of Rs. 200/- and in default to undergo 15 days simple imprisonment and to one year's simple imprisonment with a fine of Rs. 500/- and in default to undergo simple imprisonment for one month under S. 304-A, IPC by his judgment dated 2-6-1994. He preferred appeal which was dismissed by learned Additional Sessions Judge No. 2, Hanumangarh on 3-2-1999, hence this revision has been filed.

(2.) I have heard the learned counsel for the petitioner as well as learned Public Prosecutor at length and perused the record.

(3.) Briefly stated the facts of the case are that Munshi Ram appeared at police station Hanumangarh Junction 11-7-1990 and reported that at about 2.00 p.m. his son Navin Kumar went to picture hall. Navin Kumar went to a tea vender's shop and asked him to supply tea. On return he crossed the Bus Stand Dabbali. Tanker No. RSC-2328 came rashly and negligently from the side of Hanumangarh and dashed against Navin Kumar. He suffered injuries and died at the spot. The tanker driver was petitioner Bhagirath who ran away with tanker. It were Diwan Chand and Pawan Kumar who saw the accident. Case under Sections 279 and 304-A, IPC was registered and investigated. After investigation challan was submitted. When the accused-petitioner was read over the accusation he admitted that he did drive the tanker at the relevant time but he did not cause accident. Prosecution examined as many as eight witnesses. Then the accused-petitioner was examined under Section 313, Cr. P.C. he did not produce any witness in defence. Learned Magistrate heard both the parties and convicted and sentenced the accused petitioner as stated above and on appeal the same was maintained.