PRAKASH RAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE revision petition has been fifed against the judgment of the learned Addl. Sessions Judge, Sirohi dated 6 -2 -1980 whereby the learned Addl Sessions Judge has maintained his conviction under Sections 279 and 304A IPC recorded by the learned Judicial Magistrate, Sirohi Tide his judgment dated 31 -12 -1976. The learned Judicial Magistrate has sentenced the accused petitioner to two months' rigorous imprisonment together with a fine of Rs 200/ - under Section 279 IPC and to one and half years' rigorous imprisonment together with a fine of Rs. 500/ - under Section 304A IPC. Both the substantive sentences have been ordered to run concurrently. In default of the payment of the aforesaid amounts of fine the accused petitioner has been ordered to undergo two months' rigorous imprisonment. However, the learned Addl. Sessions Judge has reduced his substantive sentence of one and half years rigorous imprisonment under Section 304A, IPC to six months' rigorous imprisonment.

(2.) THE facts necessary to be noticed for the disposal of this revision briefly stated are that on 13 -1 -1976 at about 10.35 a.m. one Liyakat Ali. Roadways Booking Clerk gave information to Police Station, Mandar that the bus going from Raniwada to Sirohi has been involved in an accident and it has killed a child. The bus was bearing No. RSM 9452. The accident took place on the main road near the School. After investigation, the ease against the accused was challaned in the court of the learned Judicial Magistrate, Sirohi where after trial he was convicted as aforesaid. On appeal the learned Addl. Sessions Judge has maintained his conviction and altered his sentence as aforesaid. Hence this revision.

(3.) MR . S.R. Singhi, learned Counsel appearing for the accused -petitioner does not challenge the conviction of the accused petitioner under Section 279 and 304 IPC but he has submitted that the deceased was also guilty of contributory negligence. According to him, the bus was going on its right side and the deceased tried to cross the road from wrong side and, therefore, the bus driver had no option but to swing the bus towards the wrong side of the road and, therefore, the child could not be saved. He has further submitted that the occurrence is dated 13 -1 -1976. More than eleven years nave elapsed. The accused -petitioner has already remained in custody for 10 days and has also deposited the amount of fine and, therefore, lenient view may be taken in so far as the sentence is concerned.