1. - Babu Lal son of Ram Singh has preferred the present revision petition I under section 397 read with Section 401 Cr.P.C. to challenge the Judgment of conviction and sentence dated 13th February, 2001 rendered by Additional Judicial Magistrate, First Class, Sawal Madhopur whereby petitioner has been convicted and sentenced as under:-

under section 279 IPC: Six months rigorous imprisonment with a fine of Rs. 500/- and In default of payment thereof he has to undergo 15 days simple Imprisonment;

Under Section 337 IPC: Six months rigorous Imprisonment with a fine of Rs. 400/- and In default of payment thereof he has to undergo 7 days simple Imprisonment;

Under Section 304-A IPC : One year rigorous Imprisonment with a fine of Rs. 1000/- and In default of payment thereof he has to undergo one month simple imprisonment.

All the above sentences are ordered to run concurrently.

2. A further prayer has been made that the judgment dated 01st August, 2001 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Sawal Madhopur whereby he had dismissed the appeal and upheld the conviction and affirmed the above sentences be also set aside.

3. Briefly stated, In the present case FIR (Ex.P/4) was lodged by Hansraj (PW-2). In the FIR so lodged complainant has stated that he alongwith his grand mother Panchi was going on cycle from his village Khilnchlpur to Aalanpur to meet his relations. At about 9.30 A.M. when they reached near the culvert of Amrashwar Mahadev, one truck of the forest department bearing No. R.J.U.J. 7233 came from the opposite side and the same was driven by Babulal Nal at a very high speed in a negligent manner. It is stated that truck came on the kachha berm of the road and hit the cycle of the petitioner, due to which, grant-mother who was sitting on the carrier of the cycle fell on the road, suffered injuries and died later on. It was further stated that driver of the truck was known to the complainant as he used to daily drive the truck on the same route.

4. The above said FIR was investigated and a report under Section 173 Cr.P.C. was submitted and the petitioner was charged by the Court of Additional Judicial Magistrate, First Class, Sawai Madhopur for the offences under Sections 304-A, 279 and 337 IPC.

5. Petitioner pleaded not guilty and claimed for trial.

6. Prosecution examined Ramphool as PW-1. This witness has stated that five years ago he was coming from Khilnchipur on a cycle to Aalanpur. At that time, another co-villager Kajod was also coming from the cycle. When they reached near the culvert of Amrashwar Mahadev, a truck came from behind, alighted from the road to the kachha passage and had collided with the cycle of Hansraj, due to which his mother Panchi fell at the spot and died. It is stated that truck was driven by the petitioner who is present in Court.

7. Shri Rlnesh Gupta along with Ms. Chandrakala, advocate appearing for the petitioner has stated that In oxamlnatlon-ln-chlef, Ramphool (PW/1) has nowhere stated that petitioner was driving the vehicle rashly and negligently. Counsel however, submits that In cross-examination Ramphool stated that truck was coming on a high speed but he cannot state as to what was the speed of the truck. Complainant Hansraj appeared as PW-2, he also reiterated as to what was stated In the FIR Ex.P/4. It Is submitted by the counsel for the petitioner that In the statement In the Court, witness has nowhere stated that the truck was driven by the petitioner rashly or negligently rather, It has been stated by the witness that the truck came on a high speed and had hit the cycle. Kajod another co-villager appeared as PW-3 and he stated that truck was coming on a high speed and had hit the cycle of Hansraj on which Panchl deceased was sitting on a carrier.

8. PW-4 Blharllal stated that on 16th November, 1989, he was posted as SHO, Police Station, Kotwali and written complaint Ex.P/4 was presented before him. On the basis of which,