MEHBOOB ALI Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2002-3-57
HIGH COURT OF RAJASTHAN
Decided on March 19,2002

MEHBOOB ALI Appellant
VERSUS
STATE OF RAJASTHAN Respondents


Referred Judgements :-

DALBIR SINGH V. STATE OF HARYANA AND ORS. [REFERRED]
STATE OF ORISSA VS. NAKULA SAHU [REFERRED]
RATTAN SINGH VS. STATE OF PUNJAB [REFERRED]
STATE OF KARNATAKA VS. KRISHNA ALIAS RAJU [REFERRED]
STATE OF KARNATAKA VS. APPA BALU INGALE [REFERRED]


JUDGEMENT

- (1.)This revision petition has been filed by the accused petitioner against the judgment dated 2.2.2002 passed by the learned Special Judge, SC and ST (Prevention of Atrocities) and Additional Sessions Judge, Bikaner in criminal appeal No. 80/2000 by which he dismissed the appeal filed by the accused petitioner and confirmed the judgment and order dated 20.11.97 passed by the learned Judicial Magistrate 1st Class, Bikaner in Criminal Case No. 97/86 by which the learned Magistrate convicted the accused petitioner for offence under Section 279 and 304A I.P.C. and also convicted another accused Shaukat for offence under Section 94/125 of the Motor Vehicles Act and sentenced each of them as under: JUDGEMENT_432_TLRAJ0_20021.html
(2.)It arises in the following circumstances:
On 26.8.86, at about 8.45 p.m., PW. 2 Arjun Ram gave Bayan Ex.P/1 to P.W. 7 Amar Singh stating that he and his wife P.W. 5 Jarav were ploughing their field and their daughter Shanti (Deceased) was grazzing buffaloes in the field. At about 5 p.m. in the evening, the deceased started for home after taking with her buffaloes etc. and at that time, a white car (Ambassador) No. RRT 2052 came from the side of Napasar and driver of that car was driving the car rashly and negligently and dashed against, the deceased who was going side by side on the road towards her village, as a result of which she received injuries and thereafter driver of the car stopped the car and on being asked, he told his name Mehboob and the further stated that the car belonged to him and he took the deceased to the hospital.

(3.)On this report, the police started investigation. Site plans Ex.P/6 and P/6A were prepared and the injury report of the deceased is Ex.P/2. The deceased succumbed to her injuries on 27-8.86 at about 10.05 a.m. The post mortem report of the deceased is Ex.P/3.


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