KANTI PARSHAD Vs. STATE,

JUDGEMENT

(1.) KANTI Parshad was convicted under Section 304 -A of the Indian Penal Code and sentenced to rigorous imprisonment for nine months and also to the payment of fine of Rs. 500/ - in default whereof he was to undergo rigorous imprisonment for three months. His sentence was reduced by the Additional Sessions Judge to that of rigorous imprisonment for six months. The sentence of fine was not maintained.

(2.) THE case against the petitioner was that on the 29th of June, 1968, at about 6 p.m. while driving a D. T. U. bus No. DLP -828 near the traffic point of Shakti Nagar Chowk, Delhi, he caused such injuries to the deceased, who was standing with a bicycle at the traffic point, which resulted into his instantaneous death.

(3.) THE prosecution has examined apart from P.Ws. 6 and 7, P.Ws. 3 and 9 as eye -witnesses of the occurrence. I have gone through the evidence of P.W. 9 several times. That was for the reason that he happened to be the solitary witness., who had stated that the vehicle passed over the deceased. In his cross -examination he was unable to state as to which part of the body of the deceased was crushed. A close examination of his statement discloses that it would not be safe to rely upon his testimony so far as the passing of the bus over the body of the deceased is concerned. He is a witness, who like P.W. 3 not only belongs to the same caste as the deceased, but had also known him earlier. According to P.W. 9 the house in which he lives is about 50 houses away from the residential house wherein Om Parkash deceased lived. The prosecution evidence is to the effect that the bus did not stop for 30/35 paces after the fatal impact. Surinder Kumar P.W. 6 was accompanying the deceased. According to him it was his cycle which the deceased was holding P.W. 7 Kewal Kishan is another eye -witness, whose testimony cannot be ignored.