PANKAJ BHANDARI,J. - (1.) Petitioner has preferred this revision petition aggrieved by Judgment dated 30.05.2008 passed by Additional Sessions Judge (Fast Track), No. 4, Jaipur City, Jaipur whereby, dismissed the appeal and confirmed the judgment dated 28.06.2007 passed by Additional Judicial Magistrate, No. 7, Jaipur City, Jaipur in Criminal Case No. 326/2006 whereby the trial Court convicted the accused-petitioner for offence under Section 279, 304-A I.P.C. and awarded sentence of 6 months simple imprisonment and Rs. 1,000/- fine in default to further undergo 15 days simple imprisonment for offence under Section 279 I.P.C. and 2 years simple imprisonment and fine of Rs. 1,000/- and in default to further undergo simple imprisonment of 15 days for offence under Section 304-A I.P.C.
(2.) Briefly stated facts of the case are that on 01.06.2006, F.I.R, Ex.P-4 was lodged by Bisraj Jogi alleging therein that his niece, Komal aged 5 years was playing near her house at 9:00 AM in the morning. The petitioner while reversing his Indica car bearing Registration No.RJ-14-5C-8302 hit Komal, as a result of which she sustained injuries. She was taken to Satellite Hospital where the doctors declared her dead. The Police after investigating submitted charge-sheet against the petitioner. As many as 8 witnesses were examined on behalf of the prosecution and documents were exhibited.
(3.) The Court after examining the petitioner under Section 313 Cr.P.C., 1973 heard the arguments and convicted the petitioner for offence under Sections 279 and 304-A I.P.C. Aggrieved by the judgment of conviction and sentence, petitioner preferred an appeal which stood dismissed.;