- (1.) THE petitioner has preferred this revision petition against the judgment dated 08.11.1995 passed by the learned Sessions Judge, Rajsamand whereby the appeal preferred against the judgment and order dated 17.02.1993 passed by the learned Chief 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 Fine amounting to Rs. 500/ - in event of default in payment of fine to undergo for 15 days simple imprisonment. U/s.337 IPC Three months' simple imprisonment. U/s.338 IPC Six months' simple imprisonment. U/s.304A IPC One year's simple imprisonment with fine of Rs.1,000/ - in default whereof to further undergo one year's simple imprisonment.
(2.) ALL the sentences were ordered to run concurrently. The brief facts of the case are that on 19.08.1979 complainant Amba Lal Booking Clerk (PW -1) lodged a report Ex.P1 that - "Moti lal and Jawahar Singh were drivers on Bus No. R.S.B. 257 which runs between Nathdwara to Abu Parbat and today at 22.30 the said bus moved for Mount Abu and about 30 Minutes later one man came on bicycle out side the office and told that near Banas river one man died and 10 -12 persons sustained injuries due to collision between roadways Bus and Truck No. RRG 3625, therefore action may be taken." On the basis of the said report, Case No.65/1979 was registered at Police Station Nathdwara and investigation commenced. After investigation, the police filed challan against the petitioner -accused and co -accused Sucha Singh for offences punishable under sections 279, 337, 338 and 304 Indian Penal Code on 28.09.1979 in the court of the learned Judicial Magistrate, Nathdwara. Since offence under Section 304 IPC was exclusively triable by the court of Sessions, therefore, learned Magistrate, after complying provisions envisaged in Section 207 Cr.P.C., committed the case to learned Additional Sessions Judge, Rajsamand under Section 209 CrPC.
(3.) LEARNED Additional Sessions Judge, Rajsamand, after hearing on charge, discharged the accused persons from the offence under Section 304 IPC and for trial of offences punishable under Sections 279, 337, 338, 304A IPC and 53/112 M. V. Act, remitted the case for trial to learned Chief Judicial Magistrate, Udaipur. Learned Chief Judicial Magistrate read over the charges for offences under Sections 279, 337, 338, 304A IPC and 53/112 M.V. Act for which accused persons denied and claimed trial. Thereafter the case was transferred to the court of learned Additional Chief Judicial Magistrate, Rajsamand. Thereafter co -accused Suchcha Singh remained absent and he was declared absconder vide order dated 04.03.86. After creation of new Court i.e. Chief Judicial Magistrate, Rajsamand, the case was transferred to the court of learned Chief Judicial Magistrate, Rajsamand vide order dated 10.04.1991.;