G.R.MOOLCHANDANI, J. - (1.) The instant revision has been filed against the judgment passed: Additional Sessions Judge, Ratangarh in Criminal Appeal No. A (721 176/92 passed on 3.8.1998 confirming the judgment passed by Judicial Magistrate, Ratangarh in Criminal Case No. 86/87 dated 21.8.1990 convicting the petitioner Shivratan under Sections 279 and 304A I.P.C. sentencing to undergo 4 months "? R.I. and a fine of Rs. 5,000/- under Section 279 am months R.I. with a fine of Rs. 1,000/-.
(2.) In nutshell the content of FIR Exhibit are as under:- ...[VERNACULAR TEXT OMITTED]...
(3.) The contents of this FIR do not indicate recklessness of the driver of the vehicle involved and this FIR discloses that child Durgadutt abruptly came from right side in front of the vehicle involved and this FIR was lodged by Shiv Swami a shop keeper under Sections 279 and 337 I.RC. Subsequently, after demise of injured and after investigation, charge sheet was filed under Sections 279 and 304-A. The learned trial court while passing the judgment convicted accused-revisionist as referred above. Subsequently, the first appellate court upholding the judgment dismissed the appeal after passing the order under challenge. Learned counsel for the revisionist has submitted that both the Courts below have committed error in passing the impugned order. There is no evidence of negligence for recklessness on the part of the revisionist accused. Referring to the evidence of eye witnesses, learned counsel has pointed out that all the witnesses have categorically narrated that the victim boy abruptly came and got dashed with the vehicle. The car was being driven at a slow speed without any recklessness, and there is no iota of evidence which could be the basis of conviction. To support his submissions, learned counsel placed reliance upon the following judgments:- (1) 2000(2) RCD 815 State of Rajasthan v. Shambhu Singh . (2) 2011 ACJ 181 K. Nagaraju v. State of A.P. (3) 1989 Cr.L.R. (Raj.) 375 Lohdya v. State (4) 2009(2) R.Cr.D. 543 (Raj.), State of Rajasthan v. Nathu Lal (5) 1981 RCC 403 Hanuman Singh v. State of Rajasthan .;