SOMABHAI MANGALBHAI DABHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has been concurrently found guilty of the offence punishable under Sec. 304A of I. P. C. for causing death of a ten year old girl by rash and negligent act of driving a motor bus. He has been awarded R. I. for six months and a fine of Rs. 1 0 in default R. I. for two months.

(2.) This matter was argued at length by the learned Advocate for the petitioner Mr. S. M. Shah. Thereafter the petitioner field Criminal Miscellaneous Application No. 2277 of 1987 through Advocate Mr. H. M. Chinoy and that application in really speaking an application in support of the revision application elaborating grounds and arguments. There is no independent or substantive prayer which is not covered by the revision application. Therefore both these applications are heard and disposed of together.

(3.) The incident had occurred on 28-2-1984 in the afternoon at about 5-00 p.m. on the National Highway between Ahmedabad and Baroda on the outskirt of village Boriyavi. The accused was driving a State Transport Passenger Bus. The bus was proceeding from north to south on a tar road which is 22 wide with 9 kutcha shoulder on each side. Thus the total width of the road is 40. The bus was proceeding on its correct side i.e. eastern side and the incident took place on the extreme western side kutcha shoulder i.e. on the utter wrong side and a ten year old girl was rushed under the rear wheel and died. There is no dispute on these facts. They are also established by the evidence of the panchanama Ex. 9 which is proved by the evidence of panch witness Ranabhai Ex. 8. The panchanama shows that there are fresh wheel marks (not brake marks) of 20 from south west and of 30 from north west. The above facts are also established from the oral evidence of the eye witnesses Ramilaben Ex. 6 who is the mother of the deceased girl and Ex. 7 Nirabhai who is not related to the complainants side nor having any enmity with the accused.