SARDARI LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS revision has been filed by the applicant against his conviction under Section 338 IPC and the sentence of one year's R. I. awarded for the offence.

(2.) THE prosecution case, in brief, was that the applicant had on 14-7-1970 at about 4.45 P. M. struck the cycle of Vijay Singh who was coming on his cycle with one Bishamber. The accident caused injury to Vijay Singh and his right leg had to be amputated. Vijay Singh was coming on his cycle on the left side of the road He was going from Bulandshahr side to Delhi side According to the prosecution the truck came from the opposite direction and struck the cycle of Vijay Singh and caused injury to his right leg it was coming not only at a high speed, but was being driven rashly and negligently.

(3.) THE trial court believing the prosecution version, held the accused guilty of the offence under Section 338 IPC and sentenced him to one year's rigorous imprisonment. On appeal the appellate court re-examined the evidence and arrived at the same conclusion. According to the appellate court's finding the defence version was not true. The appellate court has believed the testimony of Vijai Singh and has recorded a finding that the truck came from the opposite direction. Nothing has been shown on the basis of which it may be possible for me to hold that the finding recorded by the courts below is either perverse or suffers from some error. Besides the direct evidence of eye witnesses there is also the evidence of PW 1 Gopi Chand who had examined the vehicle after the accident He had found blood stains on the right wheel of the truck. This fully corroborates the testimony of Vijay Singh and belies the story of the defence that the truck was moving in the same side which the cycle was going. If the truck had been coming from the same side blood stains should have been on the left wheel and not the right wheel. The prosecution version thus stands fully proved.