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S.B. Criminal Leave to Appeal No.101/2009
State of Rajasthan. vs. Doongara Ram.
S.B. Criminal Leave to Appeal No.101/2009
State of Rajasthan. vs. Doongara Ram.
Date : 30.4.2009
HON'BLE MR. PRAKASH TATIA, J.
Mr.SS Sharma, Public Prosecutor.
– – – – –
Heard learned public prosecutor and perused
the record.
This petition for leave to appeal has been
preferred by the appellant State being aggrieved
by the appellate judgment dated 10.10.2006 passed
by the Court of Sessions Judge, Jaisalmer in
criminal appeal no.21/2005 whereby the appellate
court set aside the judgment and order dated
5.7.2005 passed by the Court of Chief Judicial
Magistrate, Jaisalmer in criminal case no.143/2003
convicting the respondent under Section 304A IPC
and Section 122/177 of the Motor Vehicles Act.
As per the prosecution itself, deceased
Ramesh, who was traveling on his scooter collided
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S.B. Criminal Leave to Appeal No.101/2009
State of Rajasthan. vs. Doongara Ram.
with stationery tractor trolley which was lying on
road. This accident occurred on 8.8.2003 and FIR
was lodged and case under Section 304A IPC and
Section 122/177 of the Motor Vehicles Act was
registered and after investigation, challan was
submitted against the accused. The trial court
convicted the accused by judgment and order dated
5.7.2005 and sentenced him under the above
provisions.
The appellate court found that the allegation
levelled against the accused was that he put his
tractor trolley on the road without there being
any reflector and because of that reason, the
accident was caused. The appellate court found
that from the site map prepared by the witness
PW10 Veer Singh, it is fully proved that the
tractor trolley was lying on the road in the side
and 12 feet road was open. From the prosecution’s
own document, it was proved that the tractor
trolley was not standing so as to obstruct the
road and which could not have been noticed by the
victim himself. The appellate court was also of
the view that the prosecution failed to prove that
the tractor trolley has not reflectors even on the
trolley because of the reason that the fact is not
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S.B. Criminal Leave to Appeal No.101/2009
State of Rajasthan. vs. Doongara Ram.
stated by PW10 Veer Singh in the site report
Ex.P/4 and his statement that there were light red
colour on the back side of the tractor is also not
the statement recorded in Ex.P/4. Reflectors were
not fixed on tractor trolley is not mentioned in
the seizure memo Ex.P/6. From Ex.D/4 to D/8, the
appellate court reached to the conclusion that the
trolley had reflectors in left and right side
both. In view of the above reasons, the first
appellate court based its conclusion on the basis
of the evidence available on record and,
therefore, I do not find any illegality in the
judgment of the appellate court dated 10.10.2006
acquitting the respondent accused.
Otherwise also, Section 304A IPC is as under:-
“304A. Causing death by
negligence.-Whoever causes the death of
any person by doing any rash or
negligent act not amounting to culpable
homicide, shall be punished with
imprisonment of either description for a
term which may extend to two years, or
with fine, or with both.”
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S.B. Criminal Leave to Appeal No.101/2009
State of Rajasthan. vs. Doongara Ram.
A perusal of Section 304A IPC clearly shows
that it covers the cases where the death of any
person is caused by doing any rash or negligent
act. Here in this case, the case may fall in
negligent act of the person but in the present
facts of the case, it cannot be said that the
prosecution proved the fact of the negligence of
the act of the accused resulting into the death of
the accused.
In view of the above, I do not find any reason
to grant the leave to appeal. Accordingly, this
petition for leave to appeal is hereby dismissed.
Consequently, the appeal is also dismissed.
(PRAKASH TATIA), J.
S.Phophaliya