Birda Ram vs State - 2025 Supreme(Raj) 782

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Raj) 782

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Birda Ram – Appellant
Versus
State – Respondent

Advocates:
Advocate Appeared:
Ms. Deepika Puorhit, Mr. Narendra Gehlot, PP, Mr. Omprakash Choudhary

Order :

1. By way of filing the instant criminal revision petition, a challenge has been made to the order dated 08.04.2004 passed by learned Additional Sessions Judge No.1, Jodhpur, in Criminal Appeal No.13/2004 whereby the learned appellate Court dismissed the appeal filed against the judgment of conviction dated 16.04.2003 passed by the learned Judicial Magistrate No.4, Jodhpur in Criminal Case No.12188/2000 by which the learned trial Judge convicted and sentenced the petitioner as under:-

Offence	Sentence	Fine	Sentence in default of fine
Section 279 IPC	6 months’ S.I.	Rs.200/-	7 days’ S.I.
Section 304A IPC	2 years’ S.I.	Rs.500/-	15 days’ S.I.
Section 337 IPC	6 months’ S.I.	Rs.200/-	7 days’ S.I.

2. All the sentences were ordered to run concurrently and the period spent in judicial custody shall be adjusted in the original imprisonment.

3. The gist of the prosecution story is that on 12.09.2000, one Pappu gave a written report to the Police at Police Station Industrial Area Basni, Jodhpur to the effect that he was driving a truck bearing No. RJ-19-G-2636 from Jhalamand to Jodhpur loaded with Nirma soap and surf, wherein Shri Om Prakash, Ashok and Bhagwana Ram were sitting. When his truck reached pa

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