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PRAVEER BHATNAGAR
Chander Shekhar S/o Shri Pooran Mal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The present criminal revision petition has been preferred against the judgment dated 15.03.2005 passed by learned Sessions Judge, Jaipur District, Jaipur in Criminal Appeal No.95/2002, whereby, learned Appellate Court while dismissing the appeal of the accused-petitioner has upheld the judgment of conviction and order of sentence dated 24.10.2002 passed by the learned Judicial Magistrate No.5, Jaipur, District Jaipur in Criminal Case No.356/2001, whereby, accused-petitioner was convicted and sentenced as under:-
| Offence Under Section | Imprisonment | Fine | Sentence in default of fine |
| 279 of IPC | 03 Months’ R.I. | Rs.500/- | 15 Days’ S.I. |
| 337 of IPC | 03 Months’ R.I. | Rs.500/- | 15 Days’ S.I. |
| 338 of IPC | 06 Months S.I. | Rs.1,000/- | 01 Month S.I. |
| 304-A of IPC | 02 Years’ | R.I. Rs.2,000/- | 02 Months’ S.I. |
2. The facts of the case in the nut-shell are as under:-
3. As per the prosecution case, on 20.08.1997, PW3 Mohd. Mubin Khan recorded parcha bayan of PW1 Tasleem at SMS Hospital, Jaipur to the effect that the injured and her 6-7 r
The main legal point established in the judgment is the duty of a driver to exercise reasonable care and precaution on public roads, and the prosecution's burden to prove rash and negligent driving i....
Conviction for negligent driving requires substantial evidence beyond mere speed; a driver cannot be held liable under IPC without evidence proving rashness and negligence distinctly.
Prosecution must establish negligence beyond reasonable doubt; mere speed does not equate to rashness or negligence in driving.
Revisional jurisdiction narrowly limited against concurrent convictions; negligence proved by high-speed wrong-side driving causing vehicle to hit pedestrians, parapet and overturn, absent mechanical....
The court affirmed the conviction for negligent driving resulting in death, establishing that the accused's recklessness was the primary cause of the victim's fatal injuries.
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