Hon'ble SHARMA, J.—The petitioner-convict Pyare Lal was convicted for the offences punishable under Sections 279 and 304A IPC by the learned Additional Chief Judicial Magistrate, Vallabhnagar (Udaipur) vide judgment and order dated 28.1.1995 and was sentenced as under:-

U/S. Sentence Fine In default

279 IPC -- Rs. 1,000/- --

304A IPC R.I. For 1 year Rs. 5,000/- 3 months' SI

It was further ordered that after realisation of entire penalty amount of Rs. 6,000/-, it be paid to Ramlal Kalal, father of deceased child Devilal.

2. Aggrieved against the conviction and sentence, he preferred an appeal, which was dismissed by the learned Additional Sessions Judge, No. 3, Udaipur, vide judgment dated 5.6.1996. Now, petitioner has come up with the present revision petition against that conviction and sentence.

3. The revision petition was admitted and notice was issued to the learned Public Prosecutor for State of Rajasthan and the record of the trial court as well as of the appellate court was called for.

4. The brief facts of the case are that on 19.8.1991 the complainant PW.1 Babu Lal submitted a report Ex. P/1 at Police Station Vallabh Nagar (Udaipur) stating that he was sitting at his shop about

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