PAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a revision against the judgment dated 10-4-1989 passed by learned Additional Sessions Judge. Raisinghnagar in Cr. Appeal No. 43/87 by which he upheld the conviction of petitioner Pal Singh for offence under Section 304-A. IPC passed by learned Judicial Magistrate. Raisinghnagar in Cr. Case No. 112/83. Learned Magistrate had convicted the petitioner for offence under Section 304-A, IPC and sentenced him to one yearTs rigorous imprisonment with a fine of Rs. 200/- and in default to undergo simple imprisonment for two months.

(2.) I have heard the learned Counsel for the petitioner as well as learned Public Prosecutor.

(3.) Briefly stated the facts are that on 9-5-1983 Laduram was driving tractor No. RRK-5625 and was going towards 22 GB. Kaniram and Om Prakash were accompanying him. A trolly alongwtth a thrasher was attached to the tractor. Truck No. RSC-3235 was being driven rashly and negligently by the petitioner and dashed against a portion of trolly. Kaniram fell down and died. Truck driver took away the truck. First Information Report was lodged by Laduram. After investigation challan was submitted against the petitioner for offence under Section 304 - A. IPC. Learned Magistrate read over substance of accusation to the accused petitioner who denied it and claimed trial. Prosecution examined as many as six witnesses. Thereafter accused petitioner was examined under Section 313 Cr. P.C. By impugned judgment the petitioner was convicted and sentenced as stated above. Appeal was preferred on his behalf which was dismissed.