SABINA,J. - (1.) Petitioner had faced trial in F.I.R. no. 39/1999 registered at Police Station Chandwaji, Jaipur for the offence under Sections 279, 304A Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.').
(2.) Trial court vide judgment/order dated 30.6.2003, ordered the conviction and sentence of the petitioner under Sections 279, 304A I.P.C. Appeal filed by the petitioner was dismissed by the Appellate Court vide order dated 20.1.2005. Hence, the present petition.
(3.) Learned counsel for the petitioner has submitted that the prosecution had failed to establish its case. In-fact, as per the FIR, vehicle-in-question was being driven by Raju S/o Krishanram whereas, at a later stage, petitioner was falsely involved in this case. Eye-witnesses had failed to identify the petitioner as the person who was driving the vehicle-in-question at the time of the accident. Learned state counsel, has opposed the petition.;