Banwari Lal Sharma, J. - (1.) THE petitioner has preferred this revision petition against the judgment dated 26.09.1996 passed by the learned Additional Sessions Judge, Rajsamand whereby the appeal preferred against the judgment and order dated 17.10.1995 passed by the learned Judicial Magistrate, Rajsamand was dismissed and affirmed the conviction and sentence awarded by the learned trial court, which was as under: - "U/s. 279 IPC Three months' simple imprisonment. U/s. 337 IPC Three months' simple imprisonment. U/s. 338 IPC Six months' simple imprisonment. U/s. 304A IPC Six months' simple imprisonment together with fine of Rs. 2,000/ - in default whereof to further undergo two months' imprisonment."
(2.) ALL the sentences were ordered to run concurrently. The brief facts of the case are that on 16.04.1989, complainant Chandra lodged a report at P.S. Rajnagar alleging therein that he was sitting at his tent and near the said tent, Bhanwar, Madhuria, Dali w/o Bhanwar and sons Shrawan and Jagdish were sitting and were having meal, then at about 8.00 a.m. in the morning, a tractor bearing registration No. RRO 524 came from the side of Kankroli being driven rashly and negligently and entered into the tent of Bhanwar and broke the luggage and hit Bhanwar, Dali, Jagdish, Shrawan, Janja and Dakhi. All the injured were thereafter taken to the hospital.
(3.) ON the basis of the said report Case No. 76/1989 was registered and investigation commenced. During investigation, Dakhi died. Her body was postmortemed. After investigation, the police filed challan against the petitioner -accused on 15.05.1989 in the court of the learned Additional Chief Judicial Magistrate, Rajsamand (hereinafter referred to as 'the learned trial court'). Learned trial court explained the substance of charges on 01.12.1989 to the petitioner -accused for the offences under Sections 279, 337, 338 and 304 IPC to which he denied and claimed to be tried. To substantiate the charges, the prosecution examined as many as 10 witnesses. Thereafter, the petitioner -accused was examined under Section 313 Cr.P.C. in which he stated that to save one person, he lost the control since the place was narrow and examined Nathu (DW -1) in his defence.;