ASHGAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ON July 4, 1970, at about 1 -30 p.m., Gulam Hussain and Mohammed Yasin (deceased) were going on a bicycle from the side of Collectorate towards Churu town. When they reached somewhere near Ratna Devi Sethia's house, shown in the site -plan Ex. P 18, in the vicinity of the city bus stand, bus No. RJP 1488, coming from Jhunjhunu, unexpectedly over took them. Its driver was Ashgar. It is alleged that he was moving the bus rashly and negligently and he took it towards the wrong side of the road. Cyclist Gulam Hussain took his bicycle towards the 'Kachcha' side of the way Despite that they were run over by the bus, The vehicle was stooped after covering some distance. Both Gulam Hussain and Mohammed Yasin, as a result of the accident died on the spot. Ashagar left the vehicle near the bus stand and made good his escape First information report of the event (Ex P. 17) was lodged by Mohammed Yasin, son of Allauddin Teli, with the police station, Churu. The police registered a case and took over investigation. Post -mortem examinations of Gulam Hussain and Mohammed Yasin were conducted by Dr. I.D. Kachawah, Medical Officer, Incharge, Bhartiya Hospital. Churu. He noticed external and internal injuries on the corpse of Mohammed Yasin. In the opinion of the Doctor Yasin died of laceration of brain, multiple fractures and shock because of bleeding. The Doctor also conducted autopsy of the dead body of Gulam Hussain He found 8 external and 6 internal injuries The cause of death, according to the judgment of the Doctor, was intra -cranial heamorrhage of brain. After the investigation was completed, the police put up a challan in the court of Munsiff -Magistrate, Churu. Accused Ashgar was indicted on August 19, 1970, under Section 304A., I P C to which he pleaded not guilty. In support of its case the prosecution examined 7 witnesses The accused in his statement, recorded under Section 342, Cr. P.C. denied to have driven the vehicle with excessive speed. He also repudiated the allegation that his vehicle knocked down deceased Mohammed Yasin and Gulam Hussain The vehicle was standing at the motor -stand. In his defence he examined one witness Puran Mal. The trial court, by its judgment, dated December 16, 1971, held Ashgar guilty under Section 304A I.P.C and sentenced him to 18 months' rigorous imprisonment and to pay a fine of Rs. 1000/ -, in default of payment of which to suffer further rigorous imprisonment for three months The court also ordered that Rs. 800/ -, out of the amount of fine, if recovered, should be paid to the heirs of the deceased.

(2.) AGAINST the above verdict, an appeal was taken in the court of Additional Sessions Judge, Churu. Learned Additional Sessions Judge gave a finding that the bus was driven at a terrific speed with defective brakes and horn, as it could not stop immediately. It went ahead and stopped after covering some distance. The appellate court further found that the accused ran away after the accident. I: was on account of rash and negligent driving that 2 persons were trampled under a wheel of the bus and lost their lives. With the above finding Ashgar's appeal stood dismissed.

(3.) IT is not disowned by learned Counsel for the petitioner that Mohammed Yasin and Gulam Hussain, when they were moving on a bicycle, collided against the bus No. RJP 1488. It is also not denied that both Mohammed Yasin and Gulam Hussain died as a result of this unfortunate accident. The crucial point that merits consideration is whether or not the prosecution has succeeded in establishing that at the time of occurrence Ashagar was driving the bus in a rash or negligent manner or so rashly or negligently as to endanger human life or personal safety of others.