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2013 Supreme(Raj) 58

BANWARI LAL SHARMA
Kamla Prasad – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
Dr. Rakesh Sinha, for Petitioner;
Chandralekha, Public Prosecutor, for State

Hon'ble SHARMA, J.—By this revision, the petitioner-convict Kamla Prasad is challenging the judgment and order dated 23.7.1996 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Udaipur whereby the conviction of the petitioner-convict under Secs. 279 and 304A IPC awarded to him by the learned Additional Chief Judicial Magistrate, Vallabh-nagar, District Udaipur vide judgment and order dated 22.6.1993 was affirmed.

2. Briefly, as set up the prosecution case is that on 13.10.1983, at 12.30 PM, written report was submitted by complainant Shri Bhajja S/o Shri Panna Gameti, r/o Wana, addressing to the SHO, PS Kheroda stating that he (Bhajja) with his son Mangu was going on bullock-cart from Wana to Keer Ki Chowki. They were in their side. Suddenly, a bus, which was coming from Chittorgarh side, hit the cart, due to which son of complainant, viz., Mangu and bullock died at the spot. The complainant and the second bullock were thrown away.

3. On the basis of the above report Ex.P/11, FIR No. 65/1983 was registered at P.S. Kheroda for committing offence punishable under Sections 279, 338 and 304 A IPC. On completion of investigation, charge-sheet was filed again




























































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