BHAROSI Vs. STATE

JUDGEMENT

(1.) THE Additional District Magistrate, Morena, convicted the accused under Section 304-A of the Indian Penal Code and sentenced him to eight months' rigorous imprisonment. On appeal this decision way confirmed. Now the accused has filed this revision.

(2.) THE facts of the case are that the petitioner, who is a truck driver was bringing his truck on 30th November 1954 at about 2 p. m. from Morena towards Lashkar. Since the road was clear, he was driving the truck on the right hand side. From the opposite side, one Patiram was coming on a bicycle at the back of which one swaran Singh was sitting on a carrier. . Seeing the cyclist approach from the opposite direction, the truck driver turned his truck to the left, but it seems that the cyclist turned in the same direction. There was no head-on collision, but all the same the cyclist collided against the side of the truck. As a result of this, of the two persons On the bicycle cyclist was thrown away. The person, who was riding the cycle escaped with minor injuries but the person sitting on the carrier fell down and sustained injuries on his head which eventually proved fatal and he died.

(3.) IT is admitted that the accused was driving the truck outside Municipal limits (on the road between Morena and Banmore) on the wrong side of the road i. e. the truck instead of being driven on the left side of the road was on the right side of it. The driver saw the cyclist coming from the opposite direction, and, so he turned the vehicle to the left side of the road, which was the proper thing to do. But the cyclist, seeing that the truck was on wrong side, turned to his right side. There was no head-on collision, but it seems that the cyclist dashed against one side of the truck. From the statement of Patiram complainant, it appears that there were two persons on the bicycle, and that the brakes of the bicycle were out of order as well. To me it seems that both the driver of the truck and the cyclist tried to avoid each other, but the brakes of the bicycle which were out of order, are mainly responsible for the rueful consequences in this case,