P M RAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision arises out of the judgment of the Sessions Judge, Bangalore, who dismissed the appeal tiled against the judgment of the Chief Metropolitan Magistrate, Bangalore City, and convicted the petitioner for an offence under S.279 read with S.338 of the IPC and sentenced him to pay a fine of Rs.200 and Rs.300 respectively for the two offences.

(2.) The petitioner P.M.Raju was a driver of the bus trailer No.MYF 337/497. It was alleged that on 3-10-1974 at about 9-30 a.m., he was driving the said bus trailer and was coming on Thilak Park Road from south to north. When he reached the corner near Upparpet Police Station, he knocked down an old pedestrian, aged about 80 years, who was just crossing the road from east to west from the direction of that Police Station, as he had to cross the road towards Balepet, where he had to meet his lawyer. No sooner the incident took place, the accused stopped the bus-trailer. He got down from the bus along with a few passengers, of whom, one was produced as eye witness. It was found that the old pedestrian had a fall on the road and thereby his thigh bone was fractured. For that act on the part of the accused, he was subsequently indicted before the Magistrate for the offence of rash and negligent driving so as to cause grievous hurt punishable under Ss.279 and 338 of the IPC.

(3.) The defence was one of the denial and it was asserted on behalf of the accused that he had taken every precaution which a prudent man could have taken in the circumstances. The speed of the bus trailer was not much, which was evident, as it was brought to stand immediately after the accident. It was rather stated that the old pedestrian himself invited the accident by walking on the road from the foot-path and by not noticing the approaching bus-trailer.