STATE GOVERNMENT Vs. BHAWANESH KUMAR

JUDGEMENT

(1.) THIS is an appal against the acquittal of the respondent Bhawanesh Kumar by the Magistrate, 1st Class, Kawardha, of offences tinder Sections 304-A and 338 I p. C. The charges on which he was tried were that he on or about the 13th january 1956 at Singhori village caused the deaths of Raheman Khan, sheonarayan and Jehan by doing a rash and negligent act not amounting t0 homicide (i. e. by driving vehicle no. M. P. B. 463 rashly and negligently and without a licence, which ultimately resulted in the death of the aforesaid persons)and thereby committed an offence punishable under Section 304-A of the Indian penal Code and secondly on the same day at the same place caused grievous hurt to Sukhao by doing an act (driving truck No. M. P. B. 463) so fastly and negligently as to endanger human life or the personal safety of others and thereby committed an offence under Section 338 of the Indian Penal Code.

(2.) THE accused-respondent Bhawanesh Kumar is the Sub-Divisional. Officer (Electrical and Mechanical) at the Sarodha Head Works. As part of his official duty he has to attend to and test all the vehicles both heavy and light and to maintain them in proper running conditions. D. W. 1 Jabbar tells us that the accused was in charge of the workshop and that no driver was appointed without a test held 'by him. He further says that the accused had been testing and driving the motor vehicles for the last 1 and l 1/2 years past and that he was an experienced motor driver. It is also a fact that he had no driving licence.

(3.) THE facts of the case which are not in dispute may shortly be stated as follows : on 13-1-1956 the accused was driving a motor truck no. M. P. B. 433 of the sarodha Head Works on the Bemotara-Durg road. Near the village Singhori, which is at a distance of one mile from Bemotara, the road takes a turn towards the right. There is a culvert bridge at this turning. After the truck had negotiated the aforesaid bend the driver of the truck saw a buffalo-cart in the middle of the road in front of him. The cartman (P. W. 12) admits that he was driving in the middle of the road. He also admits that the baffaloes had no nose-strings and that children were travelling in the cart.