- (1.) This revision petition has been filed by the accused petitioner against the judgment dated 28.6.2001 passed by the learned Sessions Judge, Jalore in Criminal Appeal No. 55/99 by which he dismissed the appeal of the accused petitioner and confirmed the judgment and order dated 16.6.1999 passed by the learned Chief Judicial Magistrate, Jalore in Criminal Case No. 187/97 whereby the learned Chief Judicial Magistrate convicted the accused petitioner for the offence under sections 279, 337, 338 and 304-A IPC and sentenced in the following manner :-
(2.) The facts giving rise to this revision petition, in short, are as follows :- On 11.6.1997 at about 11.50 PM, PW4 Bhuraram gave statement in the hospital before PW9 Mohanlal stating inter-alia that there was a Jeep bearing No. RRT 4883 belonging to one Mangilal and that Jeep was being driven by Sakaram (hereinafter referred to as the deceased) and on that day at about 8.00 PM, PW4 Bhuraram arid PW5 Goparam sat in that Jeep for going to Umedabad and at that time, Jeep was being driven by the deceased and at about 8.30 PM as soon as they reached near the rapat of Umedabad, from the front side, a Tractor bearing No. RJ21-R4551 attached with the trolly came with fast speed and seeing that Tractor & trolly, deceased made the speed of his Jeep slow, but the driver of the Tractor & trolly struck against the Jeep, as a result of which, Tractor pierced into the Jeep and thereafter, driver of the Tractor fled away from the scene and just after the occurrence, PW6 Phularam and PW.3 Chatraram reached there and they took out him and PW5 Goparam from the Jeep. It was further stated by PW4 Bhuraram in his statement that he himself received injuries and deceased became unconscious and deceased was brought to the hospital at Jalore, where he was declared dead and driver of the Tractor in question was accused petitioner Bagdaram and he has caused that accident by driving the Tractor rashly and negligently. On this statement, regular FIR Ex.P/18 was chalked out at Police Station Kotwali, Jalore and investigation was started. During investigation, site plan Ex.P/8 was prepared and PW5 Goparam and PW4 Bhuraram were got medically examined and their injury reports are Ex.P/10 and Ex.P/11 respectively. The fracture report of PW4 Bhuraram is Ex.P/16. The post mortem of the dead body of the deceased was got conducted and the post mortem report is Ex.P/15. The Tractor in question was seized through seizure memo Ex.P/7. PW9 Mohanlal gave a notice under Section 133 of the Motor Vehicles Act to the owner of the Tractor and the same is Ex.P/17 where there is endorsement that at the time of accident, the Tractor was being driven by the accused petitioner. After usual investigation, the police submitted challan in the Court of Chief Judicial Magistrate, Jalore against the accused petitioner for the offence under Sections 279, 337, 338 and 304-A IPC. On 7.9.1998, the contents of the charges for the offence under Sections 279, 337, 338 and 304-A IPC were read over and explained to the accused petitioner. The accused petitioner denied the contents of the charges and claimed trial. During trial, in support of its case, the prosecution examined as many as 9 witnesses and got exhibited some documents. Thereafter, the statement of the accused petitioner under Section 313 Cr.P.C. was recorded. No evidence was led in defence by the accused petitioner. After recording evidence and conclusion of trial, the learned Chief Judicial Magistrate, Jalore vide his judgment and order dated 16.9.1999 convicted the accused petitioner for the offence under Sections 279, 337, 338 and 304-A IPC and sentenced in the manner as indicated above, holding inter-alia :- (1) That prosecution has proved that at the time of accident, the Tractor in question was being driven by the accused petitioner. (2) That the Tractor in question was being driven by the accused petitioner rashly and negligently. (3) That because of rash and negligent driving of the Tractor by the accused petitioner, the alleged accident took place in which PW-4 'Bhuraram and PW-5 Goparam received injuries and one person, namely, Sakaram died. (4) That the prosecution has proved its case beyond all reasonable doubts against the accused petitioner for the offence under Sections 279, 337, 338 and 304-A I.P.C. Aggrieved from the said judgment and order dated 16.9.1999 passed by the learned Chief Judicial Magistrate, Jalore, the accused petitioner preferred an appeal before the learned Sessions Judge, Jalore, who also vide judgment dated 28.6.2001, after analysing the evidence on record critically and minutely, dismissed the appeal of the accused petitioner and maintained the conviction and sentence passed against the accused petitioner by the learned Chief Judicial Magistrate, Jalore vide judgment and order dated 16.9.1999. Aggrieved from the said judgment dated 28.6.2001 passed by the learned Sessions Judge, Jalore, the accused petitioner has preferred this revision petition before this Court.
(3.) In this revision petition, the following submissions have been made by the learned counsel appearing for the accused petitioner :- (1) That findings of both the courts below on the point that Tractor in question was being driven by the accused petitioner at the time of alleged accident are erroneous one, as there is no evidence on record to prove this fact. (2) That if the Court comes to the conclusion that the accused petitioner has committed the offence, the accused petitioner be released under the provisions of Probation of Offenders Act or in awarding sentence, lenient view be taken.;