RAM AVTAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has challenged the judgment dated 4.12.2003 passed by the Additional Chief Judicial Magistrate, Sikar whereby the petitioner was convicted for offences under Sections 279 and 304A, IPC. For the former offence he was sentenced to one month of simple imprisonment and imposed with a fine of Rs. 500 and seven days of simple imprisonment in default thereof; for the latter offence, to two years of simple imprisonment and imposed with a fine of Rs. 2,000 and one month's simple imprisonment in default thereof. The petitioner has also challenged the judgment dated 25.6.2005 whereby the Additional Sessions Judge, No. 1. Sikar has upheld the judgment dated 4.12.2003.

(2.) ACCORDING to the prosecution, on 9.8.1999, one Mohammad Akhtar submitted a written report before Mohammad Isaq, A.S.I. that at 9.00 a.m. when he was taking his cart on National Highway No. 11, along with his four -year -old son, Irfan, at that time a bus coming from Sikar hit his son who was walking on the side of the road. Consequently, his son was crushed under the bus the and died on the spot. He further claimed that the bus is standing at the spot. The driver has revealed his name as Ram Avtar. The said report was sent through a constable and a formal FIR was chalked out against the petitioner for offences under Sections 279 and 304A, IPC.

(3.) MR . Anshuman Saxena, the learned Counsel for the petitioner, has argued that mere death by accident would not bring the case within the purview of Section 304A, IPC. According to him, the bus was plying on a National Highway No. 11 at a speed of seventy to eighty kilometres per hour. Such a speed is not 'a high speed' for a National Highway. Therefore, the very essential elements of 'rash and negligence' are missing in this case. Secondly, since no identification parade was held, therefore, the prosecution has failed to prove the identity of the accused to be that of the petitioner.