SHEO PERSHAN SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS appeal presents a picture of grim tragedy in which fourteen persons lost their lives and five were injured. The scene of tragedy in this case was Fatehpur-Shithaura Road. At about midnight between 14th and 15th Sep. , 1975 people going for Ganges bath, which was to take place on the following morning, were either sleeping on the roadside Patri or were busy in spending the night in singing and merrymaking. At about 00. 30 hours a truck came rashly at a very high speed from Fatehpur side. It crushed Ram Khelawan and Inder who were sleeping on the Patri of the road. After their being overrun by the truck there. vas a hue and cry and alarm raised by the people present there. The people at. the culvert who were busy in singing on Dholak got alarmed and took their position in the middle of the road. They all signalled the truck (driver) to stop the truck. The truck driver paid no heed to it and overrun them all killing nine of them, namely Chhiddu, Prahlad, Ram Raj, Virendra, Dev Dutt, Chhadammi Prasad, Lakshman Prasad, Teja and Shiv Saran. Eight others, namely Raj an, Surendra Singh, Hori Lai, Amar Singh, Ram Sajiwan, Chhutna, Prayag and Raghuraj received. serious injuries. Out of them Rajan, Surendra Singh and Amar Singh succumbed to their injuries.

(2.) WHILE the truck was trying to escape and did not stop on the signal of the aforementioned road and injured, one of those in the crowd gave a lathi blow breaking the right side head light of the truck. It was also claimed by the witnesses, who were present in the crowd, that they saw the face of the driver in I he head-lights of the truck and in the light which was inside the driver's cabin. None of those persons on the scene of occurrence, including Abdul Karim Chowkidar were able to note the number of the truck. They were only able to see that the truck was of the green colour.

(3.) AFTER the occurrence Abdul Karim Chowkidar, who was on duty and was also present on the scene of occurrence proceeded to Police Station Hussainganj as the scene of occurrence is village Handia which is within the Police Circle of Hussainganj. The Police Station is six miles from the scene of occurrence. Abdul Karim lodged the report at the Police Station Hussainganj on 15-9-1975 at 2. 'm) A. M. the same night.