SAMOON AHMED Vs. THE STATE

JUDGEMENT

(1.) THE facts of this case are that the Applicant was employed as a driver at the Government Roadways Bus Station, Mirzapur. On 22.1.1966, at 7 -00' a. m. there were lots of passengers at the Government Roadways Bus Station, Mirzapur and tickets for various buses were issued at the booking window which was to the east of the main building of the Bus Station. It is alleged by the prosecution that the Applicant was trying to place the bus of which he was incharge by backing it near the Rest House in order to take passengers to village Hanumana. 22.1.1966 was a Mela (festival) day and there were plenty of people at the Bus Station. While backing the bus, the Applicant is alleged to have caused injuries to Sheo Baran, Sukhdeo and Pahloo. All these three injured were taken to Hospital but Pahloo unfortunately died on the way. As soon as Mr. Sits Ram Singh, Station Incharge of the Bus Station heard about the incident he accompanied the Applicant to the police Station Kotwali city and lodged a report of the occurrence. The Applicant was taken into custody and the police investigated the case and sent up the Applicant for trial under Section 304A and 337 of the Indian Penal Code.

(2.) THE Applicant pleaded not guilty and denied that he had driven the bus rashly or negligently while backing the bus. His plea was that on the date of occurrence there was a big Mela at Mirzapur and some of the passengers were in a hurry to get inside the bus while he was backing and they dashed against the rear part of the bus and thus injuries were caused to Sheo Baran, Sukhdeo and Pahloo. It may be mentioned that according to the doctor, Pahloo who had died had only two injuries viz., two abrasions. But according to the doctor some internal injuries were also caused to Pahloo on account of which he died.

(3.) THE trial Court believed the prosecution case and convicted the Applicant under Sections 304A and 337, of the Indian Penal Code and sentenced him to 9 months on the first count and three months on the second count. Against his conviction and sentence, the Applicant preferred an appeal which was dismissed by the learned Temporary Civil and Sessions Judge, Mirzapur on 17.8.1967.