SUNIL KUMAR GARG, J. - (1.) THIS revision petition has been filed by the accused petitioner against the judgment dated 2.8.2001 passed by the learned Special Judge, SC and ST (Prevention of Atrocities) Cases and Additional Sessions Judge, Bikaner in criminal appeal No. 48/2000 by which the learned Special Judge upheld the conviction of the petitioner for offence Under Section 279 and 304 -A I.P.C. passed by the learned Chief Judicial Magistrate, Bikaner, but he reduced the sentence passed by the learned Chief Judicial Magistrate, Bikaner as under: Section Sentence awarded Sentence reduced by Special by CJM, Bikaner Judge, SC and ST Cases, Bikaner 279 IPC 3 months' S.I. 3 months S.I. 304 -A IPC 2 years' S.I. 1 year's S.I. and a fine of Rs. 500/ - in default to further under go.... imprisonment Both the courts below ordered the sentences to be run concurrently.
(2.) IT arises in the following circumstances: (i) On 4.3.1990 after receiving telephonic message, P.W. 8 Hari Singh ASI, Police Station Sadar, Bikaner proceeded towards the spot where the accident took place, where P.W. 3 Kishan Lal gave Parcha Bayan Ex.P/1 to the effect that on that day at about 1.30 p.m. he was going on scooter and when he reached near 'Tiraha' of Medical Hostel, a truck No. RSF 9991 driven by the accused petitioner came from the side of Shivbari and the truck was being driven by the accused petitioner rashly or negligently and dashed against Puran Mal (hereinafter referred to as the deceased) who was riding on a bicycle, due to which he died. On this Parcha Bayan Ex.P/1, police chalked out regular FIR Ex.P/5 and started investigation.
(3.) THE post mortem of the body of the deceased was got conducted and the same is Ex.P/5.;