Honble PATTANAIK, J.–The appellant, a truck driver was convicted under Section 302 IPC and was sentenced to imprisonment for life by the learned Additional Sessions Judge, Sri Ganganagar in Sessions Case No. 33 of 1994. On appeal, the said conviction and sentence has been upheld by the High Court of Rajasthan. The present appeal is directed against the said conviction and sentence.

(2). The prosecution case is nutshell is that on 26.8.92 at 10.55 p.m., deceased Munir Khan was going on his scooter and the appellant who was the truck driver, intentionally dashed against him and crushed him under the truck, as a result of which, said Munir Khan died. Initially, a case under Section 304A IPC had been registered but later on, charge-sheet was filed under Section 302 IPC and the appellant was convicted under Section 302 IPC, as already stated. PW4 gave a report at Suratgarh Police Station, Exh.P4 at 11.15 p.m., which was treated as F.I.R. and the police started investigation. On the basis of the said F.I.R., PW10 registered a case under Section 304A IPC. The investigation was then handed over to PW15, who rushed to hospital and learnt that the injured had died and, therefore, the case was

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