SHARMA, J. - (1.) THE present revision petition has been filed against the judgment dated 22.1.2013 passed by learned Sessions Judge, Banswara (Raj.) dismissing the appeal filed by present petitioner against the judgment of conviction and order of sentence dated 24.2.2011 passed by the learned Judicial Magistrate, First Class, Banswara in F.l.R. No. 352/200\ dated 22.11.2001 under Sections 279, 337, 338 and 304 -A IPC (for short the "l.P.C") registered at Police Station, Sadar Banswara while the present accused was convicted for the offences under Section 279, 337, 338 and 304 -A IPC and sentenced as under : JUDGEMENT_3295_RAJLW4_2013.jpg
(2.) I have heard the learned counsel for the parties and have gone through the whole record including the judgments/orders passed by both the courts below. Brief allegations are that on 20.11.2001 complainant Rooplal Garasiya (PW -3) while admitting in Mahatma Gandhi Hospital, Banswara gave Parchabayan stating therein that on 20.11.2001 at 10.00 a.m. he boarded in Bus No. RJ -03 -/ -0754 from Kala Khunta Village for Chhichh Road. The passengers were also boarded from Kalinjara and Barodaya and at about 11.00 a.m. when the bus reached at Padi Mode, the driver of bus was driving the bus in rash and negligent manner towards Sagrod. A private bus was leading the minibus, in pursuance of over taking the private bus, the driver of mini -bus increased the speed of mini -bus, seeing it, the passengers requested the driver to drive the bus slowly, but he did not pay attention. About one kilometer from Sagrod, the Mini -bus turned turtle, resulting which, one person died on spot and others were seriously injured and were taken to hospital. During treatment one more passenger died.
(3.) POLICE investigated the matter and after due investigation, charge - sheet was filed on 22.01.2002 against the present petitioner in the Court of the learned Additional Chief Judicial Magistrate, Banswara for offences punishable under Sections 279, 337, 338 and 304 -A IPC.;