NAND LAL Vs. STATE

JUDGEMENT

(1.) THE Petitioner was convicted of an offence under Section 304 -A Indian Penal Code, by Shri K S. Khurana, Metropolitan Magistrate, vide his judgment dated February 14, 1977 and was sentenced to imprisonment till the rising of the Court and a fine of Rs. 3,000/ - in default to undergo further rigorous imprisonment for six months, vide his order dated February 15, 1977. He preferred an appeal and the same was disposed of by Shri B.B. Gupta, Additional Sessions Judge, Delhi, who maintained his conviction as well as the sentence on the aforesaid charge. Hence this revision petition.

(2.) ON receipt of the information Assistant Sub -Inspector, Daulat Ram, proceeded to the spot and recorded statement of the Exhibit PW5/A, Rampat, who was present there and happened to see this horrible accident. After investigation the Petitioner was challenged .

(3.) THE learned Additional Sessions Judge has sustained the conviction of the Appellant for the said offence on the ground that the very fact that the motor -cycle hit the milestone showed that the accused was negligent and rash. It is pointed out that the milestone was evidently beyond the kacha beam of the road and as such the motor -cycle of the Petitioner could not have run into the milestone unless he had lost complete control over it. He has disbelieved the explanation furnished by the Petitioner in the course of his examination under Section 313 of the Code of Criminal Procedure that his motorcycle hit against the milestone No. 24 because the wheel of the motor -cycle bad slipped when he was trying to save himself from colliding against a truck which was coming from the opposite direction at a very fast speed on the wrong side and in order to avert the collision he had taken his motor -cycle on the kacha portion of the road.