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Showing contexts for: RAJSAMAND in Vijay Kumar vs State Of Rajasthan on 16 January, 2002Matching Fragments
1. This revision petition has been filed by the accused petitioner against the judgment and order dated 12.9.2001 passed by the learned Sessions Judge, Rajsamand in Criminal Appeal No. 84/2001 by which he maintained conviction of the accused petitioner for the offence under Section 304-A IPC recorded by the learned Addl. Chief Judicial Magistrate, Rajsamand vide judgment dated 11.12.1998 passed in Criminal Case No. 49/98, but reduced the sentence of the accused petitioner for the said offence in the following manner :-
On this report, police registered the case initially for the offence under Sections 279, 338 IPC and later on, Section 304-A IPC was added.
During investigation, the post mortem of the dead body of the deceased was got conducted and the post mortem report is Ex.P/7 and the same has been admitted by the learned counsel appearing for the accused petitioner during trial. The accused petitioner was arrested through arrest memo Ex.P/4.
After usual investigation, police submitted challan for the offence under Sections 279, 304-A IPC against the accused petitioner in the Court of Magistrate, Rajsamand.
After conclusion of trial, the learned Addl. Chief Judicial Magistrate, Rajsamand through his judgment and order 11.12.1998 convicted the accused petitioner for the offence under Section 304-A IPC and sentenced him in the manner as indicated above holding inter-alia that the prosecution has proved its case beyond all reasonable doubts against the accused petitioner for the said offence and he has placed reliance on the statement of PW-2 Kalu.
Aggrieved from the said judgment and order dt. 11.12.1998 passed by the learned Addl. Chief Judicial Magistrate, Rajsamand, the accused petitioner preferred appeal before the learned Sessions Judge, Rajsamand. The learned Sessions Judge, Rajsamand through his judgment and order dt.12.9.2001 decided that appeal and confirmed the conviction of the accused petitioner for the offence under Section 304-A IPC recorded by the learned Addl. Chief Judicial Magistrate vide judgment dated 11.12.98, but reduced the sentence for the said offence in the manner as indicated above.
Accordingly, this revision petition filed by the accused petitioner Vijay Kumar is allowed and the impugned judgments and orders dated 12.9.2001 passed by the learned Sessions Judge, Rajsamand and dated 11.12.1998 passed by the learned Addl. Chief Judicial Magistrate, Rajsamand are set aside and the accused petitioner is acquitted of the charge for the offence under Section 304-A IPC Since the accused petitioner is in jail, he be released forthwith, if not required in any other case.