SARWAR KHAN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner is a driver of jeep No. MYV 514. It is alleged that on 28-8-19(i4 on the Kuppam-Palamaner road he drove the jeep rashly and thereby caused the death of one Guruswamiah At a place called Thummsi, the petitioner Rave lift to some people, including P. W. 2. the deceased, grand-father of P. W.

(2.) and P W. 9. He is alleged to have driven the jeep in a rash and negligent manner with the result that it left the road and dashed against a tree. The deceased, Guruswamiah, fell down from the jeep and sustained injuries, and later died. It is also said that two other person? to whom the petitioner was giving a lift refused to travel further after the occurrence, but the petitioner continued the journey towards Kuppam after lifting the injured into his jeep. After going about two furlongs, the petitioner, on some pretext, made P. W. 2 sit down on the road along with the deceased and then drove on. On these facts he was convicted by the trial Magistrate and was sentenced to undergo rigorous imprisonment for a period of six months On appeal, this conviction and sentence was confirmed. 2. I feel that the learned appellate Judge was more influenced by the fact that the petitioner acted in an inhuman and ruthless manner by asking P. W. 2 to get down and placing the deceased on the ground and then driving away. The real question that has to be considered is, whether the petitioner drove the car in a rash or negligent manner The learned Judge also has observed that accepting the testimony of P. Ws 2 and 9, the petitioner drove the jeep in a rash and negligent manner. But these two witnesses have not said a word with regard to the rash or negligent driving of the petitioner. The trial Court convicted him with reference to a decision of the Madras High Court reported in Ratnam Mudaliar v. Emperor, AIR 1934 Mad 200, in which the following observation that was made by the Sessions Judge was approved by the Madras High Court:

(3.) In the result, the petition is allowed and the petitioner it acquitted.