Kishor Kumar S/o Kashi Prasad vs State

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Raj) 1801

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
BHUWAN GOYAL
Kishor Kumar S/o Kashi Prasad – Appellant
Versus
State – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. D.D Khandewal assisted by Mr.Yogesh Kumar
For the Respondent: Mr. Naresh Kumar Gupta, Dy. G.A., Mr. Gaurav Gupta, Asstt. G.A., Mr. Shubham Sain, AAAG

ORDER :

BHUWAN GOYAL, J.

1. The present revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, has been filed by the accused-petitioner- Kishor Kumar against Judgment and Order dated 24.01.2006 passed by Sessions Judge, Jaipur District, Jaipur (hereinafter referred to as "appellate court") in Criminal Appeal No. 11/2002 (Kishor Kumar vs. State of Rajasthan) vide which criminal appeal filed by the accused-petitioner against the Judgment and Order of Sentence dated 07.01.2002 passed by Judicial Magistrate First Class, Jaipur, District Jaipur (hereinafter referred to as "trial court") convicting and sentencing him for the offences under sections 279 & 304-A I.P.C, was dismissed. The sentence awarded to the petitioner is as under:-

offence	sentence	fine	sentence in default
u/s 279 IPC	2 Months S.I	Rs. 200/-	15 days S.I
u/s 304-A IPC	6 Months S.I	Rs. 200/-	15 days S.I
(All sentences were ordered to run concurrently)

2. Facts of the case in short are that on the basis of the written report submitted by complainant – Balchand (P.W. 2) with respect to an incident, which occurred on 28.10.1982, wherein the allegation of driving the roadways bus rash & negligently result