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2012 Supreme(Raj) 2299

NISHA GUPTA
Arjun Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:J.S. Choudhary, Senior Advocate with Pradeep Choudhary, Advocate.
For the State: Anil Upadhyay, Public Prosecutor.

JUDGMENT

1. - This revision petition has been filed against the order dated 2.12.1994 passed by the appellate court whereby the appellate court has dismissed the appeal and confirmed the conviction and sentence of the present petitioner.

2. The short facts of the case are that Kitura Ram, father of the deceased has lodged a written report on 24.10.1987 stating therein that on the day at about 11.30 his son Mahendra, daughter Bhanwari and nephew Hanuman after delivering the food were coming from the society go-down and when they reached in front of the Ladu Ram's house, a joga-jeep driven by the present petitioner has hit Mahendra and he died on the spot. On this information, FIR has been lodged for the offence under Section 304A IPC. After investigation charge-sheet has been filed against the present petitioner. The prosecution examined as many as 4 witnesses in support of its case and also exhibited some documents. The statement of present petitioner was recorded under Section 313, Cr.P.C. No evidence was produced in defence. After hearing both the parties, the learned court below has convicted the present petitioner and sentenced as under:-

For the offence :
under Section




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