SHARMA, J. - (1.) THE petitioner-convict Pyare Lal was convicted for the offences punishable under Sections 279 and 304A IPC by the learned Additional Chief Judicial Magistrate, Vallabhnagar (Udaipur) vide judgment and order dated 28.1.1995 and was sentenced as under:- JUDGEMENT_2093_RAJLW3_2013.jpg It was further ordered that after realisation of entire penalty amount of Rs. 6,000/-, it be paid to Ramlal Kalal, father of deceased child Devilal.
(2.) AGGRIEVED against the conviction and sentence, he preferred an appeal, which was dismissed by the learned Additional Sessions Judge, No. 3, Udaipur, vide judgment dated 5.6.1996. Now, petitioner has come up with the present revision petition against that conviction and sentence. The revision petition was admitted and notice was issued to the learned Public Prosecutor for State of Rajasthan and the record of the trial court as well as of the appellate court was called for.
(3.) THE brief facts of the case are that on 19.8.1991 the complainant PW.1 Babu Lal submitted a report Ex. P/1 at Police Station Vallabh Nagar (Udaipur) stating that he was sitting at his shop about 1.30 p.m., at that time, a truck bearing registration No. RSY 9633 came from Bhopal Pura Choraha which was loaded one and was in high speed. When the truck reached at Inayat All's shop, there was a turn and since the truck was in high speed, the driver lost its balance and hit Devi Lal S/o Ram Lal Kalal aged about 7 years from the front wheel of the driver side of the truck and crushed him, due to which Devi Lai succumbed to his injuries. Thereafter the truck stopped. It is further stated that the father of the child was also present and when the whereabouts of the driver were asked, it was said that his name is Pyra Lal S/o Tulsi Ram by caste Lodhha resident of Mawli who thereafter ran away.;