HANUMAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Aggrieved by the judgment dated Oct. 10, 1977 of the learned Sessions Judge, Churu, by which the learned Sessions Judge affirmed the conviction of the accused petitioner under Sec. 304 A. I. P. C. and the Sentence of six months' rigorous imprisonment and a fine of Rs 50/ - in default of payment of fine to further suffer one month's rigorous imprisonment, the present revision petition is filed.

(2.) On May 23, 1969 at about 3 P. M. Bajranglal while riding the cycle met with an accident with the jeep which accused petitioner was driving. It is alleged that when Bajranglal was going on cycle from South to East on the metalled road which goes from Station to Dungargarh, accused entered the main road from a side lane and Bajranglal was struck, fell down and received injuries and died. A report Ex. P. 2 of the incident was lodged by Govind Ram, P. W, 6. Bajranglal was taken to the hospital where he died. The plea of the accused petitioner was of bare denial and accused did not examine any witness in defence. Concluding that the accused was driving the jeep rashly or negligently and that he struck with Bajranglal with his jeep the learned courts convicted and sentenced the accused as aforesaid.

(3.) It is contended by learned Advocate for the accused petitioner that the learned appellate court has read one portion of the statement of Govindram, P. W. 6 and of Chuna Ram P. W. 3. He submits that it has come in the statement of Govindram P. W. 6 that there was slope on the road and the cycle was on the slope at the time of the accident. It is also admitted by Govindram, P. W. 6th at possibility cannot be excluded that deceased himself might have struck with the jeep. Thus on the material on record it can be said that the accused was coming from a lane, entered the main road, deceased came from south riding on a cycle, there was slope on the road at that place, the accident took place and the vehicle was stopped at two paces by the accused. The question is as to whether from these circumstances an inference of rash. or negligent driving of the vehicle of accused is possible.