Ramlal vs. State

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Revision Petition No. 926/2004

Ramlal S/o Shri Chiranji Lal Gurjar, Resident of Ajitpura, Police Station Kathumar, District Alwar (Rajasthan)

----Petitioner

Versus

The State of Rajasthan through PP

----Respondent

For Petitioner(s)	:	None
For Respondent(s)	:	Mr. S.S. Mahla, PP

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

01/11/2023

None present for petitioner.

Instant petition is preferred aggrieved from order dated 06.08.2004 in criminal appeal No.82/2004 passed by learned Special Judge SC/ST (POA) Cases, Alwar has confirmed the order of conviction and sentence dated 16.03.2004 in criminal case No. 23/779/2001 passed by learned Additional Chief Judicial Magistrate No. 3 Alwar, whereby petitioner was convicted under Section 279 and 338 IPC and further sentence for imposition of fine Rs. 1000/- for each offence.

The order of sentence was passed by learned trial Court and upheld by the Appellate Court.

Having considered the grounds and also perusal of material on record, learned Trial Court after considering the evidence on point of negligence as per prosecution witnesses came to the conclusion that petitioner is guilty of negligent driving and as a

result of which petitioner was convicted under Section 279 and 338 IPC.

Considering the material on record I am of the considered view no perversity or illegaity is found on the conclusion drawn by the learned trial Court.

Hence the conviction is liable to be upheld.

As regards the sentence is concerned, after conviction the trial court imposed Rs. 1000/- as a fine in each of offence under Sections 279 and 338, therefore the fine need not be required to be reconsidered.

Hence revision petition is liable to be dismissed.

In view of the aforesaid, the petition stands dismissed.

Misc. application stands disposed of if any.

(ASHOK KUMAR JAIN),J

Chetna/21