- (1.) THIS revision petition is preferred to challenge the judgment and order dated 27.8.1999 passed by learned Additional Sessions Judge, Pali dismissing the appeal preferred by the petitioner giving challenge to the judgment and order dated 12.10.1998 passed by learned Judicial Magistrate No.2, Pali convicting the petitioner for the offence punishable under Sections 279 and 304-A IPC and sentencing him to undergo one month simple imprisonment for the offence punishable under Section 279 IPC and to undergo six months' simple imprisonment for the offence punishable under Section 304-A IPC.
(2.) THE factual matrix necessary to be noticed is that one Bhappa Ram submitted a First Information Report (Ex.P/4) at Police Station Sadar, Pali on 4.5.1997 with assertion that at about 6:00 p.m. he alongwith certain labourers was going from Punayata to Jhawadiya in tractor driven by Shri Narpat singh. One labourer namely Moti Das fall down from the tractor and was crushed by the rear wheel of the tractor resulting into his death. On the basis of the FIR aforesaid, a case was lodged and after regular investigation, a police report was filed before the competent court charging the petitioner for commission of offence punishable under Sections 279 and 304-A IPC. The accused-petitioner denied the charge and desired to have trial. During the course of trial, prosecution supported its case with the aid of ten witnesses and documents Exhibit-P/1 to Exhibit- P/19. An opportunity was accorded to the petitioner to explain the adverse circumstances available in the prosecution evidence against him. No evidence in defence was adduced. The learned trial court after examining the entire evidence recorded conviction of the petitioner and awarded sentence to him. The appeal preferred came to be rejected, hence, this revision petition is preferred before this Court. The submission of learned counsel for the petitioner is that as per the evidence available on record, no rash and negligence on the part of the petitioner is established, as such, the instant one is a case of no evidence, but the courts below failed to appreciate the same.
(3.) TO adjudge merit of argument advanced, I have examined the evidence available on record. PW-2 Bhopa Ram stated that Moti Das was sitting on the mudguard of tractor and while going to Punayata, he fall down and rear wheel of the tractor crushed him. PW-3 Pawani, PW-4 Dakhu W/o deceased Harji, PW-6 Smt. Sugni, PW-7 Daku d/o Manji and PW-8 Meema too stated the same facts and also that the road condition was too bad being having so many patches and breakings. It was also stated that the tractor was not in high speed. Learned trial court also accepted that the tractor was not in high speed and road condition was not good but convicted the petitioner on the count that being driver he should have taken necessary care while permitting the labours to travel with him.;