- (1.) By this revision, the petitioner-convict Bhanwara Ram is challenging the judgment and order dated 13.10.1998 passed by the learned Special Judge, SC/ST Court, Jodhpur whereby, the conviction of the petitioner-convict under Sections 279, 337 and 304A IPC awarded by the learned Civil Judge (JD) cum Judicial Magistrate First Class, Pipar city vide judgment dated 30.04.1998 has been upheld, however, sentenced has been reduced as under:- Under Section 279 IPC = One month's S.I and fine of Rs.200/- in default of payment of fine to further undergo ten days S.I. Under Section 337 IPC = One month's S.I and fine of Rs. 200/-, in default of payment of fine to undergo ten days' S.I. Under Section 304-A IPC = Four month's S.I and fine of Rs. 5000/- in default of payment of fine, to undergo one month S.I. Briefly stated, the prosecution case as set up is that on 24.01.1990, the complainant alongwith his brother-in-law Madan Singh who was working in Water Works Department and Sunil Harsh were going towards Jodhpur as the car was demanded by the Ex. En. In the evening at about 6 PM one Truck No. RNS 4841 came from Jodhpur side which was being driven by the driver rashly and negligently and it hit the car due to which Madan Singh and Sunil Harsh expired and Ladu Ram sustained simple injuries.
(2.) On the basis of the above report, FIR was registered by the police and the police started investigation. On completion of investigation, a charge-sheet was filed against the present petitioner for the offences punishable under Section 279, 337 and 304A IPC.
(3.) During the course of trial, the prosecution examined as many as 06 witnesses and got exhibited so many documents. After examining the accused petitioner under Sec. 313 Cr.P.C., opportunity was also given to him to lead defence evidence for which he denied.;