STATE OF RAJASTHAN Vs. KAILASH YOGI

JUDGEMENT

(1.) THE State of Rajasthan has preferred this appeal under Section 377 Cr. P. C. for enhancement of conviction and sentence against the judgment of conviction and sentence dated 21. 3. 2002 passed by learned Civil Judge (Jr. Div.) & Judicial Magistrate-Ist Class, Chhipa Barod (for short `the learned trial Court') in regular criminal case No. 41/1994, whereby the learned trial Court imposed a fine of Rs. 500/- in section 279 IPC and Rs. 1000/- has been imposed as a fine in section 304a IPC and in case of default in payment of fine the accused respondent shall further undergo three months simple imprisonment.

(2.) BRIEF facts of the case are that on 22. 2. 1994, complainant Deendayal submitted a written report at P. S. Chhipabarod to this effect that he was doing work in his field and his field is situated near road. One jeep bearing number RJ-28/t0003 which was being driven by Kailash Yogi came with fast speed, which resulted in accident of Dhulilal s/o Heeralal Kirad and he took away the jeep over the belly of Dhulilal. Dhulilal after becoming injured, fell down on the road. He, Babulal, Ramkalyan Nayak tried to stop the jeep but the driver of the jeep did not stop the jeep. Thereafter, Dhulilal was taken at Chhipabarod in a metador.

(3.) THEREAFTER the statement of the accused-respondent under Section 313 Cr. P. C. was recorded.