ARJUN SINGH Vs. STATE

JUDGEMENT

(1.) THIS is an application in revision by accused, Arjun Singh, who has been convicted by the Magistrate, First, Class, Udaipur under sec. 429 I. P. C. and sec. 116 of the Motor Vehicles Act and sentenced to an aggregate fine of Rs. 350/ -. In default of payment of the fine, he has been sentenced to undergo further rigorous imprisonment for 4 months. He went in appeal to the court of the learned Sessions Judge, Udaipur, but was unsuccessful and therefore he has come to this Court in revision.

(2.) THE prosecution case against the petitioner was that on 26. 7. 54 he was driving a truck No. RJY - 347. He was going from Udaipur towards Bhakra Ghati and when he was passing over a bridge some cattle were coming from the opposite side. It was alleged that he was driving at a dangerous speed with the result that his trucks truck against one buffalo belonging to one Mst. Umaidi Bai. THE buffalo fell down the bridge and received various injuries which resulted in her death 8 days after. THE accused denied in the trial court that he was driving the said truck or that his truck had struck against Umaidi Bai's buffalo. THE trial court, however, believed the prosecution story and convicted and sentenced him as mentioned above. THE appellate court has also believed the prosecution story to the effect that (1) the accused was driving truck No. RJY - 347, and (2) that it had struck against Umaidi Bai's buffalo. Since these are questions of fact, I see no ground to interfere with the finding of the courts below on these two points in revision.