JUDGMENT :

1. Petitioner-accused has preferred this revision petition under Section 397 read with Section 401 CrPC, challenging the order dated 16.01.2004 in Criminal Appeal No.1/2003 passed by the Additional Sessions Judge, Ramganjmandi, Kota, dismissing his appeal and affirming the judgment dated 04.02.2003 in case No.164/1996 passed by the Judicial Magistrate First Class, Ramganjmandi, Kota whereby the petitioner has been convicted and sentenced as under:

(a) Sections 279 IPC- Six months simple imprisonment, fine of Rs.100/-, in default to undergo one month simple imprisonment

(b) Section 304-A IPC- Two year simple imprisonment, fine of Rs.100/-, in default to further undergo one month simple imprisonment.

2. Briefly stated, an accident occurred on 15.05.1996 when one Kalusingh, a labourer at M/s Mangalam Cement Factory, was removing stones from the road in the morning at about 9:00 AM, he was hit by a dumper truck (bearing No.RJ-20-G-1882) coming reverse and being driven by petitioner. In this accident Mr. Kalusingh got multiple injuries on different parts of his body and on the basis of his ‘Parcha Bayan’, FIR No.76/1996 came to be registered for offences under Sections 279, 337