[2025:RJ-JP:35972]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 46/2007 Shyam Lal S/o Shri Raghunath, R/o Mahveer Pura Lakheri, Police Station Lakheri, District Bundi ----Petitioner Versus State of Rajasthan through P.P.

----Respondent For Petitioner(s) : Mr. Veerendra Singh for Mr. Ashwani Chobisa For Respondent(s) : Mr. Vivek Sharma, Additional Government Advocate HON'BLE MR. JUSTICE BHUWAN GOYAL

Order

08/09/2025

1. Learned Addl. Government Advocate has submitted the report dated 27.08.2025 sent by S.H.O, Police Station Lakheri, District Bundi.

2. As per report, sole petitioner is alive.

3. Report is taken on record.

4. With the consent of learned counsel for the parties, revision petition is heard today.

5. The present revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, has been filed by the accused-petitioner- Shyam Lal against Judgment and Order dated 01.12.2006 passed by Additional Sessions Judge no. 1, Bundi, Rajasthan (hereinafter referred to as "appellate court") in Criminal Appeal No. 36/2005 (Shyam Lal vs. State of Rajasthan) vide which criminal appeal filed by the accused-petitioner against the Judgment and Order of Sentence dated 08.09.2005 passed by Judicial Magistrate First Class, Lakheri, District Bundi (hereinafter referred to as "trial court") in Criminal Regular Case no. 55/04 (State of Rajasthan vs. Shyam Lal) convicting and sentencing him for the offences under sections 279, 337 & 304-A I.P.C., was dismissed. The sentence awarded to the petitioner is as under:-

6. Facts of the case in short are that on the basis of the oral report submitted by complainant – Sahab Lal (P.W. 2) with respect to an incident occurred on 08.08.1992, wherein the allegation was that when the complainant along with his brother-in-law Gangadhar was coming from Katkad to Lakheri while travelling in cabin of truck no. R.S.O. 9006, driver of the bus Shyam Lal plying at high speed rashly and negligently hit the roadways bus going towards Bundi as a result of which his brother-in-law fell down from cabin and received head injury resulting into death of Gangadhar during the treatment was leveled, F.I.R. No. 102/92 was registered at Police Station Lakheri, District Bundi for the offence under Section 279 & 337 of I.P.C. During investigation, police added Section 304-A of I.P.C. After conclusion of investigation, police submitted charge-sheet against accused- petitioner for the offences under sections 279, 337 & 304-A of I.P.C. The trial court framed charges for the aforesaid offences and trial was commenced. After conclusion of trial, the trial court passed judgment and order of sentence dated 08.09.2005 convicting and sentencing him for the offences under Sections 279, 337 & 304-A of I.P.C., as stated above. Aggrieved by judgment of conviction and sentence dated 08.09.2005, accused- petitioner preferred an appeal before the learned appellate court, which was dismissed by appellate court. Hence, this criminal revision petition has been preferred by the accused-petitioner.

7. Heard learned counsel for the parties.

8. After arguing the matter on merits at some length, learned counsel for the accused-petitioner does not wish to press instant revision petition challenging judgments passed by the courts below qua conviction and prefers to make submissions on the point of sentence only.

9. Learned counsel for the accused-petitioner has submitted that incident in the present case took place way back in the year 1992 i.e. around 33 years ago; accused-petitioner was 38 years of age at the time of incident and now he is around 71 years old and facing agony of trial since last around 33 years; accused-petitioner who is sole bread earner in the family, bel