MANOHAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a revision against the judgment dated 28-3-89 passed by learned Sessions Judge, Merta in Cr. Appeal No. 15/83 by which the judgment and sentence passed by Special Judicial Magistrate, Nagpur in Cr. Case No. 140/81 dated 18-1-83 was confirmed. By his judgment the learned Judicial Magistrate had convicted the petitioner under Sec. 304-A IPC and sentenced him to undergo 6 months rigorous imprisonment and a fine of Rs. 200/-. It was further ordered that in case of default of payment of fine the accused petitioner will undergo sentence for one month rigorous imprisonment.

(2.) I have heard the learned counsel for the petitioner as well as learned Public Prosecutor at length and have gone through the record of the case.

(3.) Briefly stated the facts, as alleged by the prosecution, are that Bhagguram son of Manroop aged about 70 years was admitted in hospital Degana where he gave statement to Station House Officer, Degana that at about 5 p.m. on 25-9-79 he and his relation Girdhari were goind from Railway Station Degana towards 'mela' on their left side on foot. When they went about 1 km. from Gerodi Karna a 'fatfatia' (motor-cycle) came from the opposite direction with a high speed. The driver of the vehicle came towards him on the wrong side and dashed against him. Bhagguram jumped and cell down at about 10-15 feet on the left side of the road. His left leg was broken. He also suffered injuries on the right leg. The driver of the vehicle stopped, saw towards him and then started running. Girdhari tried to stop him but the driver of the vehicle did not stop and went away towards the Railway Station, Degana. After some time a tractor came from the side of 'mela' and took him and Girdhari to hospital First aid was given there but the compounder said that Bhagguram had suffered an injury on his head, therefore, he should be taken to the main hospital. Thereafter Girdhari brought him to Primary Health Centre, Degana. On this report a case under Sections 279 and 338 IPC was registered at Police Station Degana. Injury report of Bhagguram prepared. Bhagguram expired and his postmortem was conducted on 26-9-79. After investigation accused appellant was challaned before the learned magistrate who read over the accusation to the accused on 3-3-80 who denied his indictment. Then the learned magistrate examined 7 witnesses on behalf of the prosecution. He also examined Girdhari as Court witness. Accused petitioner was examined under Section 313 Cr. P.C. He produced one witness in defence. Then after hearing both the parties he convicted the accused petitioner as stated above. On appeal the conviction and sentence were maintained.