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MOOLA RAM AND ORS versus UDAI SINGH AND ORS

High Court of Rajasthan

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MOOLA RAM AND ORS v UDAI SINGH AND ORS - SAW Case No. 1201 of 2006 [2006] RD-RJ 201 (14 February 2006)

D.B. CIVIL SPECIAL APPEAL(W)NO.1201/2006

Moola Ram & Ors.

Vs.

Udai Singh & Ors.

DATE OF ORDER :: 14-02-2007

HON'BLE THE CHIEF JUSTICE SHRI S.N.JHA

HON'BLE SHRI JUSTICE MOHAMMAD RAFIQ

Shri Ajeet Kumar Sharma, for the appellants.

This special appeal is directed against the order of the learned Single Judge dismissing the writ petition of the appellants. The appellants had filed the writ petition challenging the order of the Additional

District Judge, Neem Ka Thana declining to stay the proceedings under the Fatal Accidents Act.

The case of the appellants is that the claim is founded on conviction of the appellants in a criminal case under Section 304 Part-II and Section 201 of the

Indian Penal Code and as the conviction has been stayed by this Court in criminal appeal which the concerned appellants have filed, the proceedings in the claim case should be stayed pending final decision in the criminal appeal in this Court.

We are of the view that the judgment/findings of the criminal court may be relevant piece of evidence but it is not conclusive proof of the facts stated therein. Reference may be made to Section 42 of the

Evidence Act. We may also observe that the degree of proof in a criminal case is different from the one in proceedings under the Fatal Accidents Act, and therefore we do not think, the finding of the criminal court would conclude the matter. In that view of the matter, the trial court did not commit any error in rejecting the prayer for stay of proceedings. The dismissal of the writ petition by the learned Single Judge therefore does not warrant interference by this Division Bench.

The appeal is dismissed. [MOHAMMAD RAFIQ],J. [S.N.JHA],CJ.

Praveen


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