TIKA RAM Vs. REX

JUDGEMENT

(1.) This is an application in revision by Tika Ram, a motor-lorry driver, who was convicted by the Additional City Magistrate of Kanpur under Section 304A, Penal Code and sentenced to six months' rigorous imprisonment and whose appeal was dismissed by the Additional Sessions Judge.

(2.) The prosecution case was that on 30th May 1948 the applicant was driving lorry No. 2407 on the road running between Fazal Ganj and Sabzi Mandi in the city of Kanpur From the opposite side an ekka was coming. Two persons, namely, Sone Ram deceased and Ram Charan P. W. were also coming from that direction. They were by the side of the ekka towards its right. These persons, therefore, were practically in front of the lorry. According to the statement of the accused, he blew the horn. This statement has not been disbelieved by the lower appellate Court and has, therefore, to be taken as correct. When the horn was blown, Ram Charan P. W. wisely turned to the left, while Sone Ram de-ceased unfortunately turned to his right towards the footpath. Meanwhile Tika Ram accused appears to have turned the lorry to his left in order to avoid Sone Ram, almost crossing the footpath, and in doing so over-ran the deceased Sone Ram. The accused stopped the lorry and picked up Sone Ram and took him to the hospital. Sone Ram, however, died on his way to the hospital.

(3.) The facts of the case are not in dispute. The question is whether the accused was guilty of rash or negligent driving. The Magistrate thought