Goverdhan Bardhar, J. - (1.) The petitioner by, way of present revision petition under Section 397/40J. Cr.P.C. has assailed the impugned judgment dated 21.10.1999 passed by learned Additional Sessions Judge, Sojat, (for short, 'learned appellate Court'), in criminal, appeal no. 14/1999, whereby, the learned appellate Court has maintained the conviction and sentence awarded to the petitioner by the Judicial Magistrate (J.D.), Sojati city (for short 'learned trial Court') for offence under Section 279 & 304A IPC vide judgment dated 1.5.1999. For fence under Section 279 IPC, the petitioner has been sentenced to one month's simple imprisonment along with fine of Rs. 500/- and in default of fine to undergo one week's imprisonment and for offence under Section 304A IPC, the petitioner has been sentenced to undergone one year's simple imprisonment along with fine of Rs. 2000/- and in default of fine to further undergo one month's simple imprisonment.
(2.) Brief facts, giving rise to this revision petition, are that on 29.04.1989. PW/1 Jabbar Singh lodged a written report at Police station Shivpura stating therein that on receiving a message that a tractor No. RJQ 2067 has overturned near the pond and a person sitting on tractor has received serious injuries, when he reached the spot, he saw that. Bhanwar Singh Khichi was in injured and unconscious state. It was alleged that the accident occurred due to rash and negligent driving of the driver Ghisa Ram. It is further alleged that injured Bhanwar Singh was taken to hospital at Jodhpur, however, he succumbed to his injuries on his way.
(3.) The police registered the FIR for offence under Section 279, 338 and 304A IPC and investigation commenced. After investigation, the police filed challan against the petitioner for offences under Section 279 & 304A I.P.C.;