SURENDRA KUMAR Vs. STATE

JUDGEMENT

(1.) This revision has been preferred against the judgement dated 22-9-1982 passed by the learned 1st Additional Sessions Judge, Aligarh in Criminal Appeal No. 125 of 1981 affirming the judgement of the learned III Additional Judicial Magistrate, Aligarh dated 13-4-1981 in case No. 668 of 1979. By that judgement the learned Magistrate convicted the revisionist under Section 304-A, I.P.C. and sentenced him to suffer R.I. for six months and to pay a fine of Rs. 500.00 in default to suffer R.I. for two months.

(2.) The sole consideration is whether the statement of the accused made under Section 313, Cr. P.C. can be used against him. In this case the accused has stated that the child ran across the road and came under thetractor and he could not avoid the accident. In all four prosecution witnesses including the mother of the victim boy aged 6 years were examined. All of them have been declared hostile. Both the courts below relied on the evidence of PW 2 Smt. Kamla Devi, the mother of the victim and PW 3 Phool Singh. PW 2 has stated that the tractor was proceeding at high speed and blow no born. She and her deceased son were proceeding on the left side of the road when the tractor hit him. She did not tell anything about the accused driving the vehicle. She was not cross-examined.

(3.) PW 3 Phool Singh has stated in examination-in-chief that the tractor was coming at high speed and did not give any horn. In cross-examination he has stated that the accident did not take place before him.