In a criminal revision regarding rash and negligent driving causing death, the petitioner's conviction under Section 304A and 279 IPC was upheld. The court modified the sentence, reducing custody to six months due to the prolonged duration of proceedings since 1993.
Conviction upheld; sentence reduced from one year to six months simple imprisonment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Revision No. 99/2004.
Gopal Lal Son of Ramdayal Hardeniya, by-caste Brahmin, resident of Behind Bus Stand, Karauli, District Karauli (Presently confined in District Jail, Karauli)
Versus
The State of Rajasthan
For Petitioner(s) : Shri Rajneesh Gupta For State : Shri R.R. Gurjar, P.P.
: Shri R.R. Gurjar, P.P.
HON'BLE MRS. JUSTICE SABINA
Judgment / Order
16/1/2018
Petitioner had faced trial in FIR No. 199/93 registered at Police Station, Sawai Madhopur, District Karauli qua offences punishable under Section 279 and 304A Indian Penal Code, 1860.
Prosecution story, in brief, is that the petitioner was driving the Bus in question on the date of accident and had struck against deceased, who was going on foot, from behind. As a result Rama suffered injuries and died.
Learned counsel for the petitioner has submitted that the prosecution had failed to prove its case. No reliance could be placed on the statements of the alleged eyewitnesses.
Learned State Counsel has opposed the petition.
P.w.1 Jagdish, P.W.8 Ratan Lal, P.W.7 Chandrapal Gautam have duly supported the prosecution case during trial. The said witnesses have deposed that the Bus in question was being driven by the petitioner and had struck
against Rama from behind. Rama was on foot at the time of the accident. The eye-witnesses were cross-examined at length but their testimony with regard to the manner of occurrence could not be shaken. In these circumstances, courts below have rightly ordered the conviction of the petitioner under Section 304A and 279 IPC. However, keeping in view the fact that the petitioner is facing criminal proceedings since the year 1993, the sentence qua imprisonment of the petitioner is reduced from simple imprisonment for one year to simple imprisonment for six months under Section 304A IPC. Both the sentences shall run concurrently. Petition stands disposed of accordingly.
(SABINA)J.
Mrg./7
1 issue framed by the court
Whether the conviction of the petitioner under Section 279 and 304A IPC for rash driving causing death should be maintained or amended.
2 provisions across 1 enactments
Gopal Lal Son of Ramdayal Hardeniya
The State of Rajasthan
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
