Kan Singh S/o Shri Khim Singh vs State of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Raj) 1436

MADAN GOPAL VYAS
Kan Singh S/o Shri Khim Singh – Appellant
Versus
State of Rajasthan – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Pradeep Shah
For the Respondent: Mr. Mukesh Trivedi, P.P.

JUDGMENT :

The present revision petition under Section 397/401 CrPC has been preferred by the petitioner against the judgment dated 12.08.2002 passed by the learned Additional Sessions Judge, Bhinmal, District Jalore (hereinafter referred to as the ‘Appellate Court’) in Criminal Appeal No. 24/2002 vide which the appeal preferred by the petitioner was dismissed and the judgment dated 30.06.2000 passed by the learned Judicial Magistrate First Class, Sanchore, District Jalore (hereinafter referred to as the ‘Trial Court’) in Criminal Case No. 348/1999 convicting the accused-petitioner for offences under Sections 279, 304A IPC was upheld.

2. Briefly stated, the facts giving rise to the present petition are that on 17.06.1999, the accused, who was the driver of Rajasthan Roadways bus bearing No. RJ-04-P-0234 was parking the bus at Sanchore bus stand when suddenly, a child named Bhanwara came in between a bus which was already parked and the bus being driven by the accused. An accident took place in which the child ultimately died. An FIR was registered against the accused for offences under Sections 279, 304A of IPC. Learned trial Court convicted the accused. The judgment of conviction wa

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