KRISHNA BAHADUR CHETRI Vs. STATE OF ASSAM

JUDGEMENT

(1.) TWO innocent young kids were knocked down and killed by a steel monster, a T. M. B. truck loaded with sand, on the National Highway; the alleged killer was apprehended within a distance of about half a furlong from the place of incident; the 'killer driver' was a complete stranger and the spot where the kids were found was on the turf portion of the road. No doubt arises in the mind that the driver was the 'killer' and he should be penalised. Sentiment plays havoc, takes upper hand over reason and drives a common mind to lay the charge against the alleged blameworthy driver. He is the killer. It must have happened due to his rash or negligent act, These are but the natural reactions in public mind.

(2.) THE driver, a professional man, earns his bread on the strength of his driving licence; he is destined to meet road -hazards natural and man -made, at every bend or turn of a road. He travels far and wide through hamlets and towns mostly through places where he can hardly expect to get sympathy if perchance a mischance takes place. He is expected to reach his destination on time, obey the rules of the road and supposedly cannot run the risks to forfeit his licence by doing heroic activities of dare -devil nature. These are all that can possibly be said in defence of a person, who takes the wheel.

(3.) THE police went to the place of occurrence and drew up a sketch map around 3.30 p. m. The truck was examined by an expert and was found in excellent condition. The accused had requisite driving licence. The place of incident was the National Highway and there is no material that there was any speed restrictions on the highway. No mechanical defect was found in the truck. The police found the immobile truck about half a furlong from the place of incident. There is no allegation that the accused was drunk, drugged or in any way physically or mentally incapacitated at the relevant time.