GORELAL SHUKLA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The accused Gorelal Shukla stands convicted as under: (i) u/s 304A I.P.C. -RI for 1 year and fine of Rs. 1,000/- in default, SI for 3 months, (ii) U/S 279 I.P.C. - RI for one month and fine of Rs. 1,000/-in default SI for 3 months, (iii) U/S 339 I.P.C. - RI for 4 months and fine of Rs. 500/-. In default SI for two months.

(2.) The accused/applicant Gorelal is an Inspector in Co-operative Department and at the relevant time, was Manager of Cooperative Society, Khurai, Cooperative Society owns a Matador van. On 7.11.1983 at about 9.00 A.M., Gulab Rani was fad of one Neelkanth. Devantibai, daughter of Gulab Rani was playing. It is alleged that Gorelal Shukla applicant drove the Matador rashly and negligently running over Devantibai causing her death and causing injuries to Gulab Rani. The accused was accordingly prosecuted u/s. 304A for killing, by rash and negligently driving, Devantibai, u/s 279 I.P.C. and u/s 337 I.P.C. for causing injury to Gulab Rani, as stated above. The accused was found guilty and convicted. On appeal, the said conviction was upheld, hence this revision.

(3.) The main ground on which the conviction is assailed is that the vehicle was not driven by the accused, on the other hand, the vehicle which was kept just 10 to 15 away from the incident, rolled down while it was being inspected by the driver of the bus. The counsel for the appellant/applicant has read over the evidence of P.W. 2 Gulab Rani, P.W. 4 Ramcharan and P.W. 1 Neelkanth. According to him, it is not a case of rash and negligent driving. He pointed out that the vehicle was parked just 10 to 15 feet away from the place of incident. It is said that the probabilities of case rule out rash and negligent driving but fact remains that Devantibai died due to the dash and crushed to death being caught between the Matador and the pole, while Gulab Rani got injuries.