CHAMMAN LAL Vs. STATE

JUDGEMENT

(1.) THIS is an application in revision by Chamman Lal, who was the driver of a motor truck, (against his conviction?) under Section 304a, Penal Code. He was convicted by a Magistrate of the 1st class under that section and sentenced to one year's rigorous imprisonment. He preferred an appeal to the Sessions Judge who agreed with the Magistrate and maintained the conviction and the sentence of the applicant.

(2.) THE facts giving rise to this conviction, briefly stated, were these: on February 1, 1951, at about 10 O'clock in the forenoon, the applicant was driving a truck bearing registration No. UPR 3185 and to this truck of his was hitched on another disabled truck. The applicant's truck was towing the other truck by means of a small tow-rope. There was another driver on the driving wheel of the truck that was being towed. There was a collision while these trucks were moving along a certain highway and as a result of that collision one datadin sustained such severe injuries that he died. It may be mentioned that Datadin was one of the men who were taking a Thela which was heavily laden with bags of cement. The case for the prosecution was that the accident was occasioned because of the rash and negligent driving of the applicant. The allegation also was that the applicant was driving fast and after having met with the accident the applicant did not stop his vehicle but attempted to run away. The truck was, however, stopped at some distance because the people of the locality obstructed the passage of the truck.

(3.) THE defence of the applicant was that he had not been either rash or negligent and further that the accident had been occasioned because of the negligence of the deceased and his companions who were taking the cement laden Thela. The applicant further alleged that the actual impact as a result of which Datadin sustained his injuries and lost his life was received not from the truck that the applicant was driving but from the truck that was on tow.