GHISA Vs. STATE

JUDGEMENT

(1.) THIS is a revision by Ghisa, who has been convicted Under Section 3044, Penal Code for causing death as a result of rash and negligent driving. According to the prosecution the applicant was driving a lorry from Nasirabad towards Ajmer on the evening of 15th April 1918. One girl Ishwari aged about 10 yeara was walking on the right side of the road. The lorry passed over the girl, who was consequently severely injured. She died at the hospital during the night. The accused was therefore prose, outed for rash and negligent driving, He pleaded not guilty. He was however convicted by the trial Court, and was sentenced to rigorous imprisonment foe six months- In appeal the learned Sessions Judge upheld the conviction Under Section 304-A, Penal Code, but reduced the sentence to rigorous imprisonment for two months. Now Ghisa accused has come to this Court in revision.

(2.) THE main witnesses examined for the prosecution were Sobhraj (P. W. 2), Murari Lai (P. W. 1) and Hukumat Rai (P. W. 3 ). According to the prosecution, the lorry was being driven on the wrong side of the road, and was going very fast. The learned Sessions Judge held that, the lorry wag not being driven fast, Further, it was not being taken through the right side of the road. After referring to the statement of Sobhraj (P. W. 2) the learned Sessions Judge observed: Thia necessarily indicates that the girl could not have been on the right side of the road. It further indicates that the lorry was not being taken through the right side of the road. It is not clear how Sobhraj's statement loads to the conclusion that, the lorry was being driven on the left side of the road. But two defence witnesses stated that, the lorry was being driven on the left side of the road. So the findings of the learned Sessions Judge that, the speed of the vehicle was not excessive, and that the lorry was being driven on the left side of the road may be aooepted in revision,

(3.) ACCORDING to the prosecution, the girl was walking on the right side of the road. But Sobhraj (P. W. 2) stated that, the girl along with 3 or 4 other children was playing on the road itself. This statement indicates that, the girl was. playing near the centre of the road. Sobhraj (P. W. 2) fnrthei stated the girl was run over by the left wheel of the lorry. This statement indicates that, the girl was 011 the Bide of the lorry at the time of the accident.