BAIJNATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an appeal by special leave from an order of the Patna High Court dismissing in limine the revision petition filed against the decision of the Courts below convicting the appellant under Sections 304-A and 279, Indian Penal Code, for which a sentence of one year's rigorous imprisonment was imposed under the first charge. No separate sentence was imposed under the second charge.

(2.) The case of the prosecution briefly was that on July7, 1966 at about 7 p.m. the appellant was driving a bus on a kacha road from Chanudari side to Khargdiha. On the roof of the bus certain corrugated iron sheets were kept. Owing to driving at a high speed there was too much of jolting with the result that some of the iron sheets fell down and hit Latif on the head and also injured some other persons who were going on that road. Latif was admitted as an indoor patient in the Giridh Hospital where he was taken by the appellant in his bus. He, however, died on August 5, 1966.

(3.) The first information report was recorded at the hospital at 9. A.m. on July 8,1966. This report was based on the statement of Mohd. Hanif who appeared as P. W. 2. Hanif had also received an injury which was described in the report as injury on his neck towards the right side. He had been brought along with Latif to the hospital by the appellant, in the bus. According to the medical evidence Latif who was examined at 10 p.m. on July 7, 1966 had two head injuries and one injury on the lip. All these injuries were lacerated wounds:one of the head injuries and the injury on the lip were simple while the third injury which was on the head was grievous in nature. The post mortem examination was held on August 5, 1966. "On dissection pus and granulation tissues were found in and around the tissues. Anterio cranial fossa was full of pus. The meanings in the anterial cranial fossa had almost been eaten away by the purulent matter. The rest meanings and brain matter were congested."