Mahesh Chandra Sharma, J. - (1.) This revision petition has been filed against the impugned judgment & order dated 27.11.2001 passed by Special Judge (Communal Riots/Mansingh Hatyakand), Jaipur in cr. case no. 35/2001 whereby the appeal filed by the petitioner was dismissed upholding the judgment dated 17.6.1998 passed by learned Addl. Civil Judge (JD) & Judl. Magistrate No.12, Jaipur city, Jaipur whereby learned Magistrate has convicted and sentenced the petitioner as under: U/s. 279 IPC: Sentenced to 4 months SI and a fine of Rs.500/- and in default of payment of fine to further undergo one month SI. U/s. 304-A IPC: Sentenced to one year SI and a fine of Rs.1000/- and in default of payment of fine to further undergo three month SI.
(2.) Briefly stated facts of the case are that PW-1 Rampal has submitted his written report dated 2.5.1992 in the police station Vishwakarma, jaipur mentioning therein that on 2.5.1992 the deceased Suwalal and he were coming from their house and going to their work of place at Road No.9, Vishwakarma Factory at 7.25 am in the morning. When they reached at Road no.12 near the Petrol Pump one Roadways bus came from the back side and hit the deceased Suwalal and the driver of the bus rushed the bus for Jaipur. The deceased Suwa Lal was died on the spot.
(3.) Upon this report, the police Station Vishwakarma registered the case being FIR No.123/1992 against the petitioner for the offence under Section 279 and 304-A IPC and started investigation into the matter. During the course of investigation, the police filed charge-sheet against the petitioner for the offence under Section 279 and 304-A IPC before the court of learned Judl. Magistrate No.12, Jaipur city, Jaipur. After hearing the parties, the learned Magistrate framed charges against the petitioner for the offence under Section 279 and 304-A IPC. The accused petitioner pleaded not guilty and claimed to be tried. The prosecution examined as many as 05 witnesses and got exhibited certain documents. Statement of petitioner under Section 313 Cr.P.C. was recorded. After hearing both the sides, the learned trial court has convicted and sentenced the petitioner vide judgment dated 17.6.1998.;