CHITOOLAL RAMSWAROOP RATHORE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 30th January, 1986, passed by II A. S J. , Mandleshwar in S. T. No. 174 of 1984 whereby the appellant has been convicted under Section 307 of the Indian Penal Code and has been sentenced to undergo R. I. for 4 years and to pay a fine of Rs. 500/- and in default to undergo R. I. for 4 months:

(2.) IT is not in dispute that the appellant Chhitoolal, at the relevant time, was bus-driver in the employment of Madhya Pradesh State Road Transport Corporation. The victim Kishan Rao (P. W. 2) and his brother Madhusudan Rao @ Madhu Rao (P. W. 6) and Vithal Rao (P. W. 3) were in the employment of G. P. 'bhatia and Co. engaged in transport business. In the evening of 6-10-1984 at Maheshwar bus stand there was some dispute between the appellant and Kishan Rao (P. W. 2) over passengers. Madhu Rao was also involved in the dispute and so was Mishrilal, the brother of the appellant.

(3.) ACCORDING to the prosecution, after the incident at the bus-stand, referred to above, Kishan Rao left on cycle for the Police Station to lodge a report of the occurrence. After a few minutes, the appellant drove his bus behind him and near the hospital the appellant at about 6. 00 p. m. dashed it against the cycle on which Kishan Rao was riding. As a result, Kishan Rao was thrown away and sustained injuries including fracture on his clavicle bone.