KAMAL DAROI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS revision is directed against the judgment dated 14-8-1998 passed in Criminal Appeal No. 46/1997 by the Sessions Judge, Hoshangabad, whereby he has confirmed the conviction and sentences of the applicant as passed by the Trial Court. The applicant stands convicted and sentenced by the Appellate Court as under:-Conviction Sentence Under Section 304-A of the Six months simple imprisonment Indian Penal Code and a fine of Rs. 150/- or, in default of payment of fine, to undergo one month simple imprisonment. Under Section 337 of the Indian Two months simple Penal Code imprisonment and a fine of Rs. 100/- or, in default of payment of fine, to undergo 15 days simple imprisonment. The substantive jail sentences have been ordered to run concurrently.

(2.) ACCORDING to the prosecution case on 16-11-1994 at about 8. 00 a. m. the applicant while driving his bus rashly and negligently dashed the same against a jeep which was coming from the opposite direction. At that time the bus was going on the main road from Seoni Malwa towards Shivpur and the accident took place at the intersection of three roads, of which the third road goes towards Village Miaugaon. At the point of intersection, the main Seoni Malwa-Shivpur road has a curve. The dashed jeep was being driven by Rakesh (P. W. 2) and it was going towards Miaugaon from Shivpur. Laxmi Bai (P. W. 10), Varsha and Prem Narayan were also travelling in that jeep. The left side of the bus had dashed against the middle portion of the left side of the jeep. That portion of the jeep was badly damaged. Due to the impact of the bus the jeep was thrown into a pit. Prem Narayan succumbed to the injuries received in the accident. Laxmi Bai (P. W. 10) and Varsha survived the accident but had sustained some injuries. Head Constable Ramdas (P. W. 2) was travelling in the bus of applicant. He gave the information about the accident at Police Station, Shivpur. Station Officer Upmanyu Saxena (P. W. 12) inspected the place of accident and registered a criminal case against the applicant. Mechanic Devi Singh (P. W. 4) examined the bus. On examination he found that the body of bus on the conductor's side was damaged and its fan belt was also broken. His report is Ex. P-3. The map, Ex. P-11, of the place of accident was prepared by Ramesh (P. W. 7 ).

(3.) THE learned Senior Counsel for the applicant, without disputing the accident between the bus of applicant and jeep of Rakesh (P. W. 3), has argued that there is no evidence on record to hold that the applicant was driving the bus rashly and negligently. He has, therefore, prayed for the acquittal of the applicant. The learned Government Advocate, on the other hand, has vehemently defended the conviction and sentences of the applicant as passed by the Courts below.