G.R. Moolchandani, J. - (1.) Instant revision has been filed questioning judgment of affirmation passed by the learned Additional Sessions Judge, Barmer in Cr. Appeal No. 23/1997 passed on 17th December 1997. Learned Additional Sessions Judge has affirmed judgment of the Civil Judge (JD)-cum-Judicial Magistrate, First Class, Barmer passed in Cr. Case No. 505/1989 on 24th April 1997 convicting the petitioner under sections 279, 304A IPC and under section 154/112 coupled with section 167/112 of the Motor Vehicles Act. The sentence passed by the trial court is as under: Under section 279 IPC-3 months S.I. & fine of Rs. 500/- Under section 304A IPC-One year's S.I. & fine of Rs. 1000/- Under sections 154/112} - Fine of Rs. 500/- and 167/112 of MV Act} ....
(2.) in nutshell, matter relates to an accidental death occurred or 28th January 1989 under Police Station Gudarnalani, District-Barmer Contents of the FIR Ex.1 as have been submitted are being extracted as under: ...[VERNACULAR TEXT OMITTED]...
(3.) This First Information Report has been lodged by complainant Police Constable Kishan Lal on 28th January 1989 at about 6:30PM and this information itself reveals that the complainant has seen the alleged accident. As per this First Information Report Bhika Ram Nayak has been told to be the driver of Jonga Jeep, involved in the accident and number of the vehicle has been shown to be RJN 2023.;