DATA RAM Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Sri Ashok Kumar Singh, learned Amicus Curiae for the revisionist, Sri Bhupendra Pal Singh, learned A.G.A. for the State and perused the record.

(2.) This revision has been preferred against the order of conviction and sentencing dtd. 31/7/1996 by 7th A.C.J.M. Agra, in Crl. Case No. 265 of 1995 (State of U.P. Vs. Data Ram) under Sec. 279, 304-A I.P.C. And the order of dismissal of the appeal dtd. 3/4/1999 passed by 5th A.S.J. Agra, (Data Ram Vs. State of U.P.) by which the revisionist-accused was awarded two years rigorous imprisonment and Rs.2,000.00 fine with default stipulation to undergo six months additional simple imprisonment in case of non-deposition of fine.

(3.) The revisionist has taken ground that the learned courts below have failed to appreciate the prosecution evidence in respect of Tempo's side on which it was stopped and which was the main cause of the accident. The learned trial Court has accepted that near the place of the accident tempo was standing on the wrong side and which was the main cause of the accident. The Courts below have discarded this fact only on flimsy ground holding the revisionist guilty for driving the Bus negligently, in arbitrary manner and illegally. The finding recorded by the Courts below in respect of the speed of the Bus is based on conjectures and surmises. Only because the Bus was stopped at a distance of 2 or 4 paces away from the place of incident, it can not be said that the speed of Bus was 50 or 60 km per hour at the time of incident.