VIJAY KUMAR VYAS,J. - (1.) The petitioner has assailed judgment dated 20.11.2002 passed by learned Additional District and Sessions Judge No.1, Kiashangarhbas (Alwar) in regular Criminal Appeal No.8/1999 preferred by the petitioner whereby he partly allowed the appeal by quashing and set aside the sentence for offence under Section 279 I.P.C. and by sustaining conviction and sentence for offence under Section 304A I.P.C. passed on 4.6.1999 by learned Civil Judge (Sr. Div.) and Additional Chief Judicial Magistrate, Kishangarhbas, District Alwar in regular Criminal Case No.59/1992. Learned Magistrate convicted and sentenced the accused petitioner as follows : JUDGEMENT_215_LAWS(RAJ)7_2017_1.html Both the sentences were ordered to run concurrently.
(2.) In brief, facts of the case are that on 17.2.1992 Kanhaiya Lal (PW-3) submitted a written report (Ex.P-2) before SHO, Police Station Kishangarhbas stating that on 6.2.1992, his mother Gindo Devi was returning from Kishangarhbas to Bambora on foot along with some ladies. Driver of a jeep mowed down her and she succumbed to the injury at General Hospital, Alwar. Police got conducted postmortem and drew other proceedings. So far, he tried to find out the jeep responsible for accident. Now he has come to know that jeep No.RJ-02-1026 had mowed down his mother and Prakash Chand was driving the vehicle at the time of accident. Witness of the accident is Manohar Lal. On this information, formal FIR No.19/1992 was registered at Police Station Kishangarhbas. After due investigation, charge-sheet was submitted against the petitioner. Learned trial court read over the substance of accusations to the petitioner for offence under Section 279 and 304A I.P.C. On claiming trial by him, prosecution examined six witnesses and exhibited six documents. Petitioner was examined under Section 313 Cr.P.C. He termed the evidence adduced by prosecution as wrong and expressed his ignorance. No evidence was adduced on behalf of the defence. After hearing arguments, learned trial court vide judgment dated 4.6.1999 convicted and sentenced the accused petitioner as stated hereinabove. On appeal preferred against this judgment, learned Additional District and Sessions Judge No.1, Kishangarhbas (Alwar) partly allowed the appeal as stated herein above.
(3.) I have heard learned counsel for the petitioner and learned Public Prosecutor and gone through all the material available on record.;