BEERBAL SINGH JAT Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) One Om Prakash was to get married. A convoy of 30 vehicles, each being overloaded with passengers, was carting the friends and relatives of the bride groom. The date was June 3, 1992. Unfortunately jeep bearing No. RNK-5268 was hit from behind by jeep No.RJ-14C-1132 driven by the petitioner.

(2.) 19 witnesses were examined by the prosecution at the trial for the reason as a result of the accident 3 Baraties named Pradeep, Mahendra Singh and Bhagwan Sahai died. Jeep No. RNK- 5268 tumbled 2-3 times and the reason appears to be the rim of the wheel was dented. First Information Report was lodged by Gopal Singh. The First Information Report records that both drivers of the jeep were driving fast.

(3.) It is obviously a case where a convoy transporting relatives and friends of groom was moving at a fairly high speed. The two vehicles which were involved in the accident were a part of the convoy. Whether Jeep No. RNK-5268 went out of control and tumbled as a result jeep driven by the petitioner hitting it from behind or whether the jeep No.RNK-5268 suddenly braked and jeep driven by the petitioner hit it cannot be ascertained. From the testimony of the witnesses this aspect of the matter: (i) there was a convoy of 30 vehicles; (ii) the First Information Report itself records that both the offending vehicles were driven very fast; and (iii) the rim of the tyre of jeep No.RNK-5268 being out of alignment have skipped the notice of the learned Magistrate who has convicted the petitioner for the offences punishable under Section 279, 337 and 304-A IPC. This aspect has escaped the attention of the learned Appellate Court.