GANPAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel Shri Kumbhat for the petitioner and Shri Bhati for the State.

(2.) This revision petition is arising out of the judgment and order of conviction and sentence recorded by the courts below convicting the petitioner accused for the offence punishable under Section 304A, I.P.C. and sentenced him to suffer one year S.I. and pay fine of Rs. 500/-, in default to further under go one month's S.I. and for the offence under Section 279, I.P.C. to suffer six months S.I. and to pay fine of Rs. 500/-, in default to further under go one month's S.I. which was confirmed in appeal by the learned Addl. Sessions Judge, Pali. On 20-10-1989 in a road accident life on an innocent child of 5 years, who has not even seen the world properly, lost his life because of rash and negligent driving of the petitioner accused who was driving a bus on that day. He drove the bus in such an excess speed and in such a rash and negligent manner that he knocked down a pillion rider sitting on the bicycle from behind and crushed under the rear wheel of his bus in the broad day light a about 7-7.30 a.m. Not only that he ran away with the bus though persons over there raised shout to stop the bus. After the court below concurrently found that the accused was guilty for the offence under Section 279, 304, I.P.C. for rash and negligent driving, therefore, convicted and sentenced him as stated above.

(3.) Learned counsel Shri Kumbhat first submitted that no test identification parade was held in this case. He submitted that three prosecution witnesses have failed to identify the accused. This submission of Mr. Kumbhat loses all its signficance when the accused himself stated that he was not driving the bus in rash and negligent manner.