THE STATE OF WEST BENGAL Vs. MAHADEO PROSAD

JUDGEMENT

(1.) This appeal is directed against an order dated 22.12.75 passed by the Judicial Magistrate. 1st Class, Sealdah in C.R No. 1014 of 1968 whereby the accused respondent Mahadeo Prosad was acquitted of the charges framed against him by the said learned Magistrate. The charges framed against Mahadeo were for the offences under Sec. 279/304A Penal Code and under Sec. 118 Motor Vehicles Act. The charges aforesaid were framed by the Magistrate on the basis of the facts as alleged by the prosecution as follows :

(2.) On 11.5.68 at about 5-45 pm one Triloki Nath Singh, a boy aged 5 years was crossing the junction of Beliaghata Road and Shibtola Lane and in so doing was dashed and knocked down by a State bus which was being driven at the very high speed by the driver-accused Mahadeo Prosad Shaw. So great was the impact of the bus as against the body of that poor boy that the poor boy had to die instantly on the spot Before that impact the driver did not care to blow any horn.

(3.) In all 5 eye-witnesses deposed before the learned Magistrate They gave out that the boy Triloki met with the accident because he wanted to cross the road at that office time. Learned Magistrate relied upon the well known Supreme Court case reported in 1972 Cr.L.J page 49 (Mahadeo Hari Vs. State of Maharashtra). The learned Magistrate observed that as the boy was crossing the road it was not possible for the driver to save the accident. The learned Magistrate acquitted the driver Mahadeo Prosad of the charge under Sec. 118A of the Motor Vehicles Act because he found that immediately after the accident the bus driver along with the bus went straight inside the local Police Station. The learned Magistrate also acquitted Mahadeo Prosad of the charges under Sec. 304A and 279 Penal Code because ha found that the driver was neither rash nor negligent.