PUSHPENDRA SINGH BHATI,J. - (1.) The petitioner has filed the present revision claiming the following relief :- "It is, therefore, most humbly and respectfully prayed that this revision petition may kindly be allowed and impugned judgment and order dated 21.08.2019 passed by learned Addl. District and Sessions Judge No. 2, Nagaur, in Criminal Appeal No. 278/1 (49/08) (76/14) and judgment dated 08/09/2008 passed by learned Judicial Magistrate, Nagaur, whereby petitioner-accused were convicted for the offences U/Ss. 279, 337, 304-A of IPC, may kindly be quashed and set aside and petitioner-accused may kindly be acquitted accordingly."?
(2.) Brief facts of the case are that a report was filed at P.S. Sri Balaji on 15.6.2003 stating inter alia that on 14.6.2003 a tractor carrying water tanker owned by Karan Singh was going from Rohini to Unthwalia and it was driven by the present petitioner Gaje Singh. The petitioner stopped the tractor and allowed the complainant'sbrother Sohan Lal, Hajari Ram, Haru Ram, Nimba Ram, Surja Ram etc. to sit on the tractor. It is alleged that the tractor driver - petitioner was driving the tractor in a rash and negligent manner and thereby resulted in separation of water tanker from tractor, as a result whereof Hajari Ram and Sohan Lal expired. FIR No.59/2004 was registered for the offence under Sections 279, 337, 338 and 304A IPC. The police after investigation filed charge-sheet for the aforesaid offences. The learned trial Court framed charges against the petitioner who denied the same and claimed trial. After hearing the arguments, the learned trial Court vide judgment dated 8.9.2008 convicted and sentenced the petitioner as below :- Section 279 IPC : 6 months S.I. and a fine of Rs.1,000/-, in default of fine, to further undergo 1 month'sS.I. Section 337 IPC : 6 months S.I. and a fine of Rs.500/-, in default of fine, to further undergo 1 month'sS.I. Section 338 IPC : 1 year'sS.I. and a fine of Rs.1,000/-, in default of fine, to further undergo 2 months S.I. Section 304A IPC : 2 years' S.I. and a fine of Rs.5,000/-, in default of fine, to further undergo 2 months S.I. All the sentences were directed to run concurrently.
(3.) Against his conviction and sentence, the petitioner filed appeal before the learned Additional Sessions Judge No.2, Nagaur which was partly allowed vide judgment dated 21.8.2019 acquitting the petitioner from the offence under Sections 337 and 338 IPC on account of the parties having entered into a compromise. However, the appeal against conviction and sentence imposed under Section 279, 337 and 304A IPC was rejected.;