RAM JIWAN Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS is an application in revision directed against an order dated 30th May, 1970, passed by the learned Second Temporary Civil and Sessions Judge, Allahabad, dismissing the appeal filed by the applicant against his conviction under Section 338 Indian Penal Code and a sentence of six months' rigorous imprisonment and a fine of Rs. 200/ -.

(2.) THE prosecution case, briefly stated, was that on 12th March, 1968, at about 4 p.m., a boy named Ashraf (PW 7), aged about 10 years, was playing on the right patri abutting the Grand Trunk Road near the house of one Masihuddin in Mohalla Dhumanganj when the car driven by the applicant struck him on the right leg. As a result of that impact with the bumper of the car the bone underneath the place of the injury got fractured. The boy also sustained an injury on his lip. The prosecution case was that the boy had been lifted by the bumper of the car and carried on a distance of about 8 to 10 paces? the distance actually covered by the car after the incident.

(3.) THE prosecution examined four eye -witnesses of the occurrence in support of the prosecution case. One of them was Ashraf (PW 7), the victim of the accident. The other three witnesses were Babu, Masihuddin and Mustafa Husain (PWs 2 to 4). All of them stated that the car was being driven at a high speed and negligently when the boy (Ashraf) who was playing on the patri of the road, which was on a slightly higher level than the road, was caught by the bumper and carried upto some distance. According to Babu and Masihuddin (PWs 2 and 3), the car stopped after moving upto a distance of 8 to 10 paces from the place of the incident, while according to Mustafa Husain the car could stop only after it had travelled upto a distance of 20 paces.