AMIR KHAN Vs. STATE

JUDGEMENT

(1.) PETITIONER Amirkhan is a driver of truck No. RJQ 2094. He has been convicted of an offence under sec. 304-A of the Indian Penal Code and sentenced to nine months rigorous imprisonment by the First Class Magistrate No. 3, Jodhpur. His appeal has also been rejected by the learned Sessions Judge, Jodhpur. Now he has come in revision before this Court.

(2.) ON 27th April, 1958, at about 11 A. M. while he was driving the truck and proceeding on the road which goes from Sewanchi Gate to Masooria side in Jodhpur City, a herd of cows came from the opposite direction. Madia P. W. 3 was ahead of the cows while Pukhia a boy of 10 years was following them. The prosecution case was that the accused did not stop the truck on seeing the herd of cows and turned towards the right side of the road and knocked down Pukhia who received severe injuries and succumbed to it after a short while. It was therefore, alleged that the boy was killed on account of the rash and negligent driving of the truck by the) accused.