ANIL BARAN BEY Vs. STATE

JUDGEMENT

(1.) This is a petition for quashing an order of commitment made by Sri J.N. Sarkar, Magistrate, first class, Howrah, on May 6, 1955, by which the Petitioner was directed to be tried by the court of Sessions under Section 304 of the Indian Penal Code.

(2.) The case made by the prosecution was that on March 3, 1955, the Petitioner drove a bus No. W.B.V. 10 in a rash and negligent manner with the result that he caused the death of a boy Arjun Chakravarty by name. The case is that the boy was riding a cycle and he proceeded along the left side of the road when the bus which was being driven by the Petitioner came up and dashed against it from behind with the result that the unfortunate boy was drawn off the cycle and fell between the front and the rear wheels of the bus and was smashed to death. The Petitioner failed to stop the bus until he went ahead about 5 or 6 cubits with the result that the boy was completely run over by the bus. Before the bus struck against the cycle, the Petitioner did not sound the horn. There was a constable on duty at the traffic post close to the place of occurrence and his evidence seems to be that the part of the road where the incident took place was quite straight and was wide enough to allow of two vehicles running side by side. Just at the time of the occurrence there was no vehicle on the road near about. Another constable was deputed to the police-station where an information was lodged. The dead body was taken charge of along with the cycle; the Petitioner was arrested and as a result of the investigation which followed, a charge-sheet was submitted under Section 304A of the Indian Penal Code.

(3.) The case was made over to the file of the learned Magistrate Sri J.N. Sarkar on March 18, 1965, and the learned Magistrate fixed April 7, 1955, for the hearing of the case. On the last mentioned date a prayer was made on behalf of the Court Inspector who was in charge of the conduct of the case that the procedure preliminary to commitment as prescribed in Chapter XVIII of the Code might be followed in the present case inasmuch as it was contended that the facts made out a charge under Section 304 of the Indian Penal Code and as such triable exclusively by the Court of Session. This prayer made by the Court Inspector was allowed and the learned Magistrate treated the case as one under Section 304 of the Indian Penal Code and followed accordingly the procedure prescribed for an inquiry preliminary to commitment.