MOHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Argument of learned counsel for the petitioner is that the Courts below have seriously erred in not appreciating the admission made by Saabir PW-3 during cross examination that when the accident took place he was driving the Luna, on the pillon seat whereof the deceased named Shera was sitting, the two were carting two goats on the Luna. That the width of the road where the accident took place is 12 feet has also not been considered by the Courts below with reference to the admission of Saabir. Further argument is that admittedly the City Bus being driven by the petitioner hit the rear wheel of the Luna.

(3.) From the trinity of the facts above noted, the contention is that the defence of the petitioner that coming from the direction of Magra and proceeding towards Bhadwasiya, as the Luna came on to the Bhadwasiya road having width of 12 feet, it was PW-3 who failed to control the Luna when the goats probably panicked and as a result, the Luna wobbled.