RAM SHANKAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is a truck driver. He has been convicted under Sections 279, 337 and 304 -A, I.P.C. and sentenced to undergo rigorous imprisonment for two years under Section 304 -A, I.P.C. and to rigorous imprisonment for four months under Section 337, I.P.C. No separate sentence has been passed under Section 279, I.P.C.

(2.) THE prosecution case in brief is that on 21 -4 -64 the informant (P.W. 12) along with others had gone to Pahlezaghat for the cremation of his mother. After the cremation, the party returned on foot for their home. At Hajipur however, they hired truck No. BRF 2983 for their village. The prosecution case is that when the truck reached Gothia Bridge north of village Mahammadpore, it dashed against a tree due to rash and negligent driving of the petitioner. As a result of the accident three persons died at the spot and one died in the hospital. It is said that the accident took place on account of the truck being driven in a negligent manner and at a high speed. After the accident, the informant went to Mahua police station where his fardbeyan was recorded. On the basis of the fardbeyan, the Mahua police drew up a first information report and registered a case and took up investigation. After completing investigation, the police submitted charge -sheet and the petitioner was but up on trial.

(3.) THE trial court held that the petitioner was driving the truck in a negligent manner and at a high speed. It accordingly convicted the petitioner as indicated above. On appeal, the appellate court upheld the conviction and sentence imposed by the trial court. Hence the present application.