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PRAVEER BHATNAGAR
Rajveer Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Praveer Bhatnagar, J.
The matter pertains to an incident which occurred in the year 1999 and the present criminal revision is pending since the year 2005.
2. This criminal revision petition under Section 397 read with Section 401 Cr.P.C. has been preferred against the judgment dated 20.09.2005 passed by learned Additional Sessions Judge (Fast Track) No.2, Alwar in Criminal Appeal No.44/05 whereby, the learned Appellate Court has upheld the judgment of conviction dated 17.07.2002 passed by the learned Additional Chief Judicial Magistrate No.1, Alwar in Criminal Case No.306/99, whereby the revisionist-petitioner was convicted and sentenced as under:-
| Under Section 304A IPC | One year simple imprisonment along with a fine of Rs. 5,000/- and in default of payment of fine, to further undergo one month simple imprisonment. |
| Under Section 279 IPC | One month simple imprisonment along with a fine of Rs. 500/- and in default of payment of fine, to further undergo 15 days' simple imprisonment. |
3. Brief facts of the case are that on 05.08.1999, complainant Bhanwar Lal submitted the written report at Police Station Mahalkera stating that on 05.09.1999 in morning
The court upheld the conviction for negligent driving, affirming the necessity of adequate punishment proportional to the crime's gravity.
The prosecution must prove beyond reasonable doubt that the accused was driving rashly or negligently; mere assumptions are insufficient for conviction.
The main legal point established in the judgment is that in cases of rash and negligent driving leading to accidents resulting in death and injuries, the prosecution must prove the rash and negligent....
The court affirmed that reliable testimony from a solitary witness can suffice for conviction, even amidst conflicting statements from other witnesses regarding negligence causing death.
The court upheld the conviction for negligent driving resulting in death, affirming the sufficiency of evidence while reducing the sentence to one year based on mitigating circumstances.
The main legal point established in the judgment is the court's reliance on the evidence presented by prosecution witnesses to uphold the conviction of the petitioner for rash and negligent driving u....
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