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[2026:RJ-JD:17394]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Revision Petition No. 654/2008

Ramesh S/o Moga R/o Chokkala Thana Kalingara District Banswara

----Petitioner Versus

State Of Rajasthan ----Respondent

For Petitioner(s) : Mr. Vijay Kumar For Respondent(s) : Mr. N.S. Chandawat, Dy.G.A.

HON'BLE MR. JUSTICE FARJAND ALI

Order

07/04/2026

1. The present criminal revision petition has been preferred under Sections 397 and 401 of the Code of Criminal Procedure, 1973, assailing the judgment dated 25.06.2008 passed by the learned Additional Sessions Judge (Fast Track), Banswara in Criminal Appeal No. 61/2006, whereby the learned appellate court affirmed the judgment of conviction and order of sentence dated 28.04.2005 passed by the learned Judicial Magistrate First Class, Ghari, District Banswara in Criminal Case No. 1158/1992. Vide the said judgment, the petitioner was convicted for offences under Sections 279, 337, 338 and 304-A of the Indian Penal Code and sentenced to undergo simple imprisonment along with fine, with stipulation of default sentences, all substantive sentences being

directed to run concurrently.

2. The prosecution case originates from an oral information furnished on 13.07.1989 by Smt. Lassi at Police Station Partapur,

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[2026:RJ-JD:17394] (2 of 4) [CRLR-654/2008] stating that she had been working with Mehta Transport Company and on the date of incident, a tractor, belonging to a resident of village Nagawada and being driven by the present petitioner

Ramesh, was engaged for transportation purposes.

2.1. It was alleged that the driver, after consuming alcohol, proceeded towards Mahi river for loading material and while returning, at about 5:00–6:00 PM near village Agarpura, drove the tractor in a rash and negligent manner. As a consequence, the trolley attached to the tractor overturned, resulting in several labourers, who were travelling in the vehicle, being thrown off and sustaining injuries, with one of the victims ultimately succumbing

to the injuries.

2.2. On the basis of the said information, a case was registered initially under Sections 279 and 337 IPC, and upon completion of investigation, a charge-sheet was filed for offences under Sections 279, 337, 338 and 304-A IPC. The learned trial court framed charges against the petitioner, who denied the same and claimed trial. During the earlier stage of proceedings, the petitioner had been extended the benefit of probation under Section 4(1) of the Probation of Offenders Act; however, upon appeal by the State,

the matter was remanded for fresh adjudication on merits.

2.3. Subsequently, upon reconsideration of the evidence and hearing the parties, the learned trial court convicted the petitioner for the aforesaid offences and imposed sentences including one year’s simple imprisonment under Section 304-A IPC along with lesser sentences under other provisions. Aggrieved thereby, the petitioner preferred an appeal, which came to be dismissed by the learned Additional Sessions Judge, Banswara vide judgment dated

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[2026:RJ-JD:17394] (3 of 4) [CRLR-654/2008] 25.06.2008, affirming the findings of the trial court. Hence, the

present revision petition.

3. I have heard learned counsel for the petitioner as well as learned Public Prosecutor and have carefully perused the

impugned judgments and the entire record of the case.

4. At the outset, learned counsel for the petitioner, on instructions, submits that the petitioner does not intend to assail the conviction recorded by the courts below and confines the present revision petition to the question of sentence alone. It is further submitted that the petitioner has already undergone approximately 20 to 25 days of custodial sentence and, therefore,

the sentence already undergone may be treated as sufficient.

5. In light of the submission