JAI DUTTA Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision arises out of the judgment dated 30th March, 1978 passed by the Sessions Judge Dehradun dismissing the appeal that was filed by the present applicant against his conviction and sentence u/Secs. 279 and 337 IPC.

(2.) ON 5th October, 1974 at about 10.30 p.m. the applicant was driving truck No. USK, 3495 on the Gandhi Road, in a rash and negligent manner with the result that when he reached the crossing of Raja Road he knocked down Indra Singh, who was then on a cycle. A little distance ahead he knocked Jogendra Singh, who was coming on a scooter. Both Indra Singh and Jogendra .Singh received injuries. ON these allegations the applicant was sent up for his prosecution for the aforesaid offences.

(3.) THE learned Counsel for the applicant in the first instance urged that there was no evidence to warrant a conclusion that the accident took place on account of any rash or negligent act on the part of the applicant. On a perusal of the record I find that this contention bears no substance. Indra Singh P. W. 5 and Jogendra Singh P. W. 4 who received injuries in the two accidents, themselves entered the witness-box to make statements on oath to the effect that the applicant was driving the truck in a rash and negligent manner. THEir statements found support from the spot inspection made by the investigating Officer. It appears therefrom that alter knocking down Jogendra Singh, the truck collided against a traffic light post and then against a wall. Unless the applicant was driving the truck in a rash and negligent manner, he would not have lost control so that the truck would have collided against the traffic post and the wall. Thus on the evidence of Jogendra Singh and Indra Singh P. Ws. and from the spot inspection, it was apparent that the accidents took place on account of the applicant's driving the truck in a rash and negligent manner.