MOHAN SINGH Vs. STATE

JUDGEMENT

(1.) IT is a sad case that a young girl aged about 8 died in a vehicle accident which took place on 1. 3. 1978, for which both the courts below found the accused petitioner guilty for the offence under Section 304 A I. P. C. and sentenced him to suffer R. i. for one year and pay fine of Rs. 2000/-, in default to further under go two months imprisonment. If the fine was paid then Rs. 1500/- was ordered to be paid by way of compensation to the legal representatives of the deceased.

(2.) IN the instant case, both the courts below have clearly found that the road on which the accused was driving the bus was a very narrow one, it was over crowded with the people, therefore, bus was going at a very very slow speed. While driving the bus the accused bus driver was blowing the horn continuously. At that time, Nikky Banu-girl aged about 8 years, who was doing shopping on the shop of Raju Ram dashed on the left side of the bus and fell down. She was taken to the hospital where she died. Both the courts below have convicted the accused on the ground that there was a leakage in the vaccum brake of the bus and accused never applied brake, therefore, it is a case of negligent driving, if not rash driving. Accordingly, both the courts below convicted the accused and sentenced him as stated above.

(3.) IT appears that both the courts below were very much moved with the fact that minor girl aged about 8 years had died in an accident. Though, both the courts below clearly found that the bus was driven at a very slow speed, they lost sight of the fact that two things are required i. e. rashness and negligence for convicting the person, which is completely missing in this case.