SHIV PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties. The accused-petitioner has been found guilty for the offence under Sec. 304-A, I.P.C. and sentenced him to one year simple imprisonment and a fine of Rs. 100.00 (rupees one hundred).

(2.) Brief facts giving rise to this petition are that on 27-8-1979 one Puran S/o Kanhiya, resident of Harijan Basti, New Mandi, Bharatpur lodged a report at the Police Station Kotwali, Bharatpur to the effect that Suraj and his father Kanhiya were going in a rickshaw from his house to the house of Collector, Bharatpur. On the way near Cimmco Waggon Factory a jeep No. RJD 3751, which is said to have been driven by the petitioner, collided with rickshaw as a result of which Suraj died on the spot and his father Kanhiya sustained grievous injuries who also succumbed to injuries.

(3.) On the basis of the said report F.I.R. was chalked out at Police Station Kotwali, Bharatpur for the offence under Sec. 304-A Penal Code and after investigation a challan was filed against the accused-petitioner. The learned trial Court found the accused-petitioner guilty for the offence under Sec. 304-A IPC. Aggrieved against the order/judgment dated 24-11-1984 of the Judicial Magistrate, Bharatpur the accused-petitioner filed an appeal which has also been dismissed. Both the Courts below found that the Jeep was driven by the petitioner with rashly and negligently. After perusal of the entire record I also find that the Jeep collided from behind the rickshaw. At the time of accident the rickshaw was going infront of the Jeep. Under these, circumstances if the Jeep collides with the rickshaw then this much can be drawn that the petitioner, while driving the Jeep, did not care to drive the vehicle carefully otherwise chances were there to avoid the accident.