STATE Vs. CHATER SINGH

JUDGEMENT

(1.) THIS is an appeal by the State against the judgment of the sub-Divisional Magistrate, Bhim, dated 27th July, 1961, acquitting Chatar Singh, respondent, under sec. 304a I. P. C.

(2.) THE prosecution case is that the accused was driving a bus No. RJY 821, carrying passengers from Bhim, to Charbhuja. When he reached one mile from Police Station, Bhim, after taking a turn on the curve on the road, the bus dashed against Mst. Hunja and her minor son Krishna at a place where there was a culvert with the result that the parapet wall of the culvert gave way and the vehicle partly projected out of the road. As a result of the accident, Mst. Hunja and her son Krishan were pushed out of the road and fell down below the culvert. Mst. Hunja and the boy were sand-witched between the front bumper of the vehicle and the wall, resulting in injuries to them. Krishna received severe injuries and died instantaneously and Mst. Hunja also received severe injuries. In that bus, two police constables were travelling and one of them went to the police station, Bhim, and lodged a first information report. After investigation, the respondent was challaned under sec. 304a and 338 I. P. C. THE learned Magistrate has acquitted the accused on the ground that the tie-rod of the vehicle suddenly gave way, with the result that the respondent lost his control of the steering wheel and the vehicle dashed against the wall of the culvert, where Mst. Hunja and her son were standing.