SUNDERLAL BHAGAJI Vs. STATE

JUDGEMENT

(1.) THE accused Sunderlal was a driver plying the passenger motor vehicle No. M. B. K. 1188 from Double Choki to Indore, on 9-11-1951. The vehicle left Double Choki on the aforesaid date at about 7-30 P. M. for going to Indore with about 8 or 10 passengers. The vehicle dashed against a culvert which is at a distance of 7 miles and 144 ft. from Indore and was upset down. Two passengers P. W. Ramprashad and P. W. Bholaram received injuries in this incident. Both of them lodged separate reports at the Khudel Police Station. P. W. Bholaram lodged his report Immediately after the occurrence and it is exhibited as D/1. P. W. Ramprashad wrote a letter to the Police Officer Khudel on 11-11-1951 which is exhibited as P/1. The separate prosecutions were launched by the Police Khudel before the Sub Divisional Magistrate First Class Indore. One of these being Criminal Case No. 875 of 1951 was based on the report D/1 given by P. W. Bholaram. The accused in this case was prosecuted for a breach of the provisions of Motor Vehicle Rules No. 117, 123, 89/112 and was at the end of the trial acquitted by the Magistrate by his order dated 11-7-1952. The other prosecution was Instituted on 18-12-1951 for an offence under Section 338 I. P. C. and was registered as Criminal Case No. 909 of 51. The trial Court, in this case, found the accused guilty and sentenced him to suffer rigorous imprisonment for a period of six months. The accused filed an appeal against his conviction and sentence but the appeal was dismissed by the Sessions Judge, Indore. Aggrieved by this, the accused has preferred this revision application.

(2.) MR. D. P. Bhargav, the learned Counsel for the petitioner Sunderlal, raised the following points:

(3.) BUT before proceeding further to discuss the questions of law and facts raised by the learned Counsel for the petitioner it would be useful to state the facts found by the lower Court against the accused in holding him guilty of the offence charged.