RAM NARAIN Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS revision is directed against the judgment and order dated 21.8.82 passed by Sri Rurimal Sessions Judge, Mainpuri, dismissing Criminal Appeal No. 78 of 1982 and confirming the conviction under Section 304-A, IPC and sentence of one year's R.I. of the applicant as passed by Mr. R.B. Lal Dhore, Chief Judicial Magistrate, Mainpuri on 29.3.82 in Case No. 924 of 1980.

(2.) APPLICANT Ram Narain was driver of U.P. Government Roadways and on 21.6.79. He was carrying Roadways Bus No. UTW-8729 from Mainpuri city to Bewar. He was driving the busat a fast speed. At about 3.15 p.m. when he crossed the bridge of Isah River outside Mainpuri city, the bus hit a cyclist, namely Nahar Singh at a distance of about 20 paces from the Northern fringe of the bridge of the river. Fatal injuries were sustained by Nahar Singh who was coming from the opposite direction. Nahar Singh was going on a right side i.e., on left side of the road. When the but hit Nahar Singh it was going with a fast speed and its driver did not blow the horn as a result of which the victim sustained fatal injuries. Vishwa Kumar Saxena (PW 2), Badshah (PW 1) and Desh Raj (PW 4) had witnessed the incident. Vishwa Kumar Saxena was allegedly going on foot from Kutchery to Mainpuri city. A Fire Brigade vehicle reached mere. The employees of Fire Brigade took Nahar Singh on their vehicle and got him admitted in the District Hospital, Mainpuri. V.K. Saxena lodged a report of the incident at Police Station, Kotwali, Mainpuri. Nahar Singh succumbed to his injuries at 4.45 p.m. on the same day in the Hospital. The case was converted into one under Sections 279/338/304A, IPC. Theinquestreportwasprepared by K.P. Singh, Sub-Inspector and the investigation was made by another Sub-Inspector, namely, P.L. Gupta. After completing the investigation a charge sheet was submitted against the applicant.

(3.) THE accused-applicant stated that he had lodged a report at Police Station Bewar, District Mainpuri on the same day. He was carrying the bust at about 3.00 p.m. from Mainpuri to Kannauj. As soon as the bus reached Etah route after crossing the bridge of Isan Nadi, suddenly a cyclist appeared before him who became nervous and lost control of the cycle. The applicant tried to save him but he collided with the bus. Out of security of the bus and the passengers on board, the applicant brought the bus to Police Station where he surrendered himself and lodged a report of the incident.