ROOR SINGH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner Roor Singh was convicted by the Munsif Magistrate, Hanumangarh for an offence under Sec. 304A IPC and sentenced to rigorous imprisonment for one year and to pay a fine of Rs. 1000/ - and in default of payment thereof to further undergo simple imprisonment for three months. He preferred an appeal to the court of Sessions Judge Ganganagar, who by his order dated 11 -5 -1972 dismissed the appeal and upheld the order passed by the learned Munsiff Magistrate Hanumangarh. Aggrieved by the judgment of the learned Sessions Judge, Ganganagar, the present revision has been filed by the petitioner in this Court.

(2.) The petitioner was convicted for rash and negligent driving the bus which over ran two persons who were proceeding on a cycle. The First Information Report was lodged by one Dula Ram, Constable of the Police Station Hanumangarh on 15.8.1969 stating that he was sitting in the bus which was proceeding from Hanumangarh Junction to Hanumangarh Town This bus was being driven at the very fast speed and that a little ahead from Major Nand Singh's Tube -well the petitioner struck a cycle which was coming on the left side from Hanumangarh and that the driver did not give any born. Immediately after the collision both the persons sitting on the circle fell down and the bus over ran them. The informant asked the driver to stop the bus but as it was running at the high speed it could be stopped at some distance. He asked the name of the driver from the Conductor, who stated his own name as Chander Singh and the same of the driver was told as Roor Singh. There were four and five other passengers travelling in the bus. Out of these two persons who fell down from the cycle in the collision one died on the spot and the other person suffered fracture in his leg and was in unconscious state and wan sent to the hospital where he also later on succumbed to his injuries. The number of the bus was RSL 479.

(3.) The prosecution examined Dula Ram, who lodged the First Information Report and claims himself to be the eye -witness of the occurrence Rishiraj is the person who was the Incharge of the Station of Rajasthan State Roadways, Hanumangarh. PW3 Ramchander was conductor in the Rajasthan State Roadways, Inderbhan is the Motbir who was present at the time of site inspection. PW5 Kishanlal had done the mechanical examination of the said bus. Ramchander and S.K. Sharma were the doctors at Hanumangarh. The learned Munsif Magistrate found the petitioner guilty on the basis of the statement of the PW1 Dula Ram. He was of the opinion that the bus was going from Hanumangarh Junction to Hanumangarh Town and the cycle was coming from the opposite direction and it cannot be said that the bus driver had no knowledge of the cycle coming from the opposite direction and that the accident could not have happened if the accused had slowed down the speed of the bus. This finding has been affirmed by the learned Sessions Judge.