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1989 Supreme(Raj) 948

M.B.SHARMA
Fakir Mohammad – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - The accused petitioner was convicted by the learned Judicial Magistrate No. 1, Jaipur District, Jaipur, under his judgment dated 22nd May, 1986 under Section 304A I.P.C. and was sentenced to undergo one year's rigorous imprisonment. The accused-petitioner preferred an appeal before the learned Sessions Judge and the learned Sessions Judge under his judgment dated 9th May, 1988 partly allowed the appeal and while maintaining the conviction of the accused petitioner for the aforesaid offence, reduced the sentence of the accused-petitioner and the accused-petitioner was sentenced to undergo three months' simple imprisonment.

2. Bhagwn Shay PW 11 along with deceased, Sushila sister-in-law and other on 8th August 1978 were going to Ramgarh for a picnic. While deceased persons Ram Babu and Vishnu were going on scooter No. RRG 4409 others including Bhagwan Sahai PW 11 were going in a bus No. RSM 4130 from Jaipur to Jamua Ramgarh. The accused- petitioner was the driver of the said bus at the relevant time, while Rm Banu deceased was driving the scooter and Vishnu was sitting on the pillion seat. Near Lal Mahal it is alleged that the scooter which was till then travelling behin







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