RAM DAYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a revision against the judgment of learned Sessions Judge, Sriganganagar dated 14.6.88 by which he dismissed the appeal of the petitioner.

(2.) I have heard the learned counsel for the petitioner as well as learned PP.

(3.) It will be proper to narrate the facts of the case in nut shell. The petitioner is a driver. Jai Prakash and Jogendra Singh were the two brothers. Jogendra Singh was a constable in Border Security Force. In the evening of 13.8.78, Jai Prakash, Jogendra Singh and Banarasi Das had gone on two bicycles on Ganganagar Padampur road. They started at about 4 p.m. They were returning to Ganganagar on the same bicycles. Jogendra Singh was driving his own bicycle and was a bit ahead of Jai Prakash and Banarasi Das who were on another bicycle. When Jogendra singh reached near the kiln of Gulabram, accused petitioner came driving a truck No. RJK-3093 in a rash and negligent manner and struck against Jogendra Singh. The incident took place at place 'D' shown in Ex.P/4, site plan, which is 'kaccha foot-path'. Thereafter the truck dragged Jogendra Singh to 22 feet on this 'Kachcha foot-path', from place 'D' to 'A'. Even thereafter he could not control the vehicle. Ultimately the truck struck the boundary wall of the canal and stopped. Jogendra Singh died then and there.