KASHI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision has been filed by Kashiram against the judgment of the learned Sessions Judge,Bharatpur dated 9th Jan., 1973 who upheld the conviction of the petitioner ordered by the Munsiff Magistrate, Bayana on 1.9.72. The petitioner was convicted for an offence. under section 304-A and 337 I. P. C. and was awarded sentence of 18 months rigorous imprisonment under the first count and six months under the second. Both the sentences were to run concurrently.

(2.) The petitioner was a driver on truck No. R. S. L. 3111. On 26.1.1967 he was driving his loaded truck and when he was negotiating a turn on the road, the truck struck against the parapet-wall of the culvert with a result that one person Jhoo-than who was sitting on the mercantile, fell down and died. The petitioner when challaned, took a plea that he was not driving his truck negligently or rashly. After the trial, the learned Magistrate found the petitioner guilty for offence under section 304-A and 337 I. P. C. and sentenced him to 18 months and six months rigorous imprisonment for the said offences. On appeal, the learned appellate Judge also recorded a finding of negligence and rashness on the part of the petitioner and upheld the conviction and sentenced passed by the court below.

(3.) It is urged by the learned counsel for the petitioner that the prosecution witnesses do not state that the truck was running fast. On the contrary according to him, P. W. 1 Kesar has categorically stated that the truck was neither running fast nor slow, it was going on an average speed. Similarly relying on the statement of P. W. 4 who stated that there was a curve at the culvert and as soon as the curve was negotiated, the truck struck against the parapet wall of the culvert as it was very narrow. P. W. 15 Kishan who was also travelling in the ill-fated truck, has stated that the truck was going slowly.