Vijay Kumar Vyas, J. - (1.) The revision has arisen out of judgment dated 12.11.2003 passed by learned Additional Sessions Judge No. 2 Alwar, in criminal appeal No.34/2003, whereby he confirmed the judgment dated 30.6.2003 passed by learned Judicial Magistrate No.4, Alwar, whereby, the petitioner, herein, was convicted and sentenced as follows: U/s 279 IPC - Six months' S.I. with fine of Rs.1000/-; in default of payment thereof, to undergo 30 days imprisonment. U/s 337 IPC - Six months' S.I. with fine of Rs. 500/- ; in default of payment thereof, to undergo 15 days S.I. U/s 338 IPC - Two years' S.I. with fine of Rs. 1000/- ; in default of payment thereof, to undergo 30 days S.I. U/s 304 IPC - Two years' S.I. with fine of Rs. 2500/- ; in default of payment thereof, to undergo 40 days S.I. All the sentences were ordered to run concurrently.
(2.) In brief, facts of the case are that on 26.10.1996 complainant Ram Ratan (PW-1) orally informed SHO Police Station Sadar (Alwar) that he along with Balraj, Shriphal, Khiladi and Amar Singh was coming back after purchaing four buffaloes from village Dhol (Haryana) in Matador No. HR-46- 7953, driven by appellant Madan. When they reached near Chirghar (slaughter house), by rash and negligent driving at about 12 mid-night, the driver made the vehicle over-turned, due to which two buffaloes died on the spot and all the five persons sitting in the vehicle were injured. All the injured were brought to the hospital, Alwar where at about 4 a.m. Khiladi succumbed. On this information, FIR No.315/1996 (EX-P1) was registered at 9.15 a.m. After due investigation, a charge sheet was submitted. Learned trial Court read over accusation of the charges under Sections 279, 337, 338 and 304-A IPC to the appellant. Appellant denied the accusation and claimed trial. Five witnesses were examined by prosecution and 15 documents were exhibited. Appellant was examined under Section 313 Cr.P.C. by the trial court. Appellant/petitioner denied the evidence and stated that evidence adduced by prosecution is false and he has been wrongly implicated in the matter. One witness Jagdish (DW-1) was examined on behalf of defence. No documentary evidence was exhibited by defence. Learned trial court after hearing the parties passed the judgment dated 30.6.2003 and convicted and sentenced the appellant, as mentioned herein above. On appeal, Learned Additional Sessions Judge No.2 Alwar, affirmed the sentence vide judgment dated 12.11.2003.
(3.) Learned counsel for petitioner submits that in the instant matter only complainant Ram Ratan (PW-1) is providing an ocular description of the incident. None of the other eyewitnesses have been examined by prosecution.;