- (1.) The instant revision petition has been filed by the petitioner Kesar Deo @ Kesu Ram S/o. Surja Ram, resident of Diloi, Police Station, Mandawa, District Sri Ganganagar under Section 397 read with sect 401 Cr.P.C. against the judgment dated 16.9.1997 passed by the Addl. Sessions Judge No. 2, Sri Ganganagar in Cr. Appeal No. 1/1997 by which the appellate court affirmed the judgment dated 12.3.1997 passed by the Civil Judge (SD)-cum-Addl. Chief Judicial Magistrate No. 2, Suratgarh in Cr. Original Case No. 132/87 whereby the accused petitioner was convicted for offence under Section 304A and 279 IPC and he was punished in following manner: Under Section 304A IPC One year's RI and fine of Rs. 2000/- in default of payment of fine 2 months imprisonment. Under Section 279 IPC Three months RI and a fine of Rs. 1000/- and in default of payment of fine one month's imprisonment. As per facts of the case complainant Tulchha Ram lodged an oral report on 19.2.1987 at 2.30 p.m. in the Police Station Suratgarh alleging therein that when he was sitting in his Mohallha one Jonga Jeep No. RJV 4561 driven by the petitioner came with the high speed and negligently collided with one Happy who was 5 years of age standing on the right side of the road. The parents of Happy came on spot but due to that accident the driver of the vehicle took the injured to the hospital. On his oral report, initially the case was registered under Section 279 and 337 IPC at Police Station Suratgarh but after the death of Happy due to the injuries sustained in the accident, Section 304A of IPC was added and after investigation, challan was filed.
(2.) In the trial, after recording statements of 10 prosecution witnesses, the petitioner was convicted for aforesaid offences and sentenced for one year RI for offence under Section 302 IPC and 3 months imprisonment under Section 279 IPC was inflicted against him.
(3.) The petitioner preferred an appeal against the judgment passed by the Addl. Chief Judicial Magistrate, Suratgarh vide its judgment dated 12.3.1997 but the appellate court dismissed the appeal vide judgment dated 16.9.1997 and in this revision petition both the judgments are under challenge.;