Chetram vs State (2023:Rj-Jp:21533)
2023 Latest Caselaw 4646 Raj/2

[2023:RJ-JP:21533]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

              S.B. Criminal Revision Petition No. 41/2003

Chetram S/o Mangal Singh, R/o Krishna Colony, Bharatpur, Distt.
Bharatpur (Raj.)
                                                                   ----Petitioner
                                    Versus
State of Rajasthan through PP.
                                                                 ----Respondent

For Petitioner(s) : Mr. Ashish Sharma For Respondent(s) : Mr. Prashant Sharma, PP.

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

06/09/2023

1. Heard learned counsel for the petitioner as well as the State

respondent.

2. The petitioner faced trial in Criminal Case No.287/1995 and

was found guilty and following sentences were passed:-

"For offence under Section 304-A IPC- 1 years Rigorous imprisonment and a fine of Rs.1000/- and in default of payment of fine, he shall further undergo 3 months simple imprisonment.

For offence under Section 279 IPC- 3 months simple imprisonment.

The sentences were to run concurrently."

3. Learned counsel for the petitioner took the court to go

through the evidence of the prosecution witnesses and material

exhibits and submits that the accident allegedly took place when

the deceased was on the road and petitioner was driving the bus.

Some of the witnesses have admitted that the speed of the bus

was at about 40 kilometer per hour, hence, it was not a case of

rash driving.

[2023:RJ-JP:21533] (2 of 2) [CRLR-41/2003]

4. The law is well settled that only the speed of the vehicle

could not be a deciding factor that the driver was negligent or not.

Non-cognizant of movement of other vehicle and people, by the

driver would also attract the allegation of negligence. The lower

appellate court also examined the prosecution witnesses in detail

and dismissed the appeal by judgment dated 21.12.2002.

5. Since the matter is very old and the petitioner has already

suffered trauma of conviction and harassment in the litigation, it is

directed that the sentence awarded is reduced to the period

already undergone.

6. With the aforesaid observation, the instant revision petition

stands disposed of.

(BIRENDRA KUMAR),J

NAVAL KISHOR /5

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