BHANWARLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ON September 5, 1968, P. W. 1 Gendilal, son of Dhanna Banjara, a resident of village Marali, submitted a first information report to the police station, Bhimganj Mandi, Kotah, to the effect that he was travelling that day along with his mother-in-law Mst. Soni (deceased) in a truck going from Kotah City towards Kotah Dam. In that truck Mangi and 2 other ladies were also seated. When the truck reached somewhere near the temple of Gardia Mahadeo, he and his mother-in-law wanted to get down there for going to Bagari. He first alighted from the front cabin of the truck and stood at the place marked 4 in the site plan Ex. P. 6. His mother-in-law Mst. Soni got down from the rear side of the truck. The moment she came down she started pulling down her luggage. In the meantime another truck No. RJR 1000 arrived at the spot from the opposite direction, i. e. , from the side of the Kotah Dam. That truck struck against Mst. Soni and knocked her down. She was badly injured and she fell down unconscious on the road. She was immediately taken to the M. B. S. , Hospital, Kotah, where she breathed her last on account of the serious injuries sustained by her. ON receipt of the report the police registered a case under sec. 304-A. , I. P. C, and undertook investigation. Autopsy of the dead body of Mst. Soni was conducted by P. W. 3 Dr. R. K. Gupta, Medico Legal Officer, M. B. S. , Hospital, Kotah. Following injuries were noticed on her person - (1) Lacerated wound 4" x 4" x bone deep on right parietal region. (2) Contusion on entire right cheek. (3) Contusion 2" x V bone deep on left parietal region. (4) Multiple contusion from 1/2" x 1/8" to 2" x 1" on left shoulder. (5) Lacerated wound 2-1/2" x 1" on left loin. (6) Abrasion over entire loins (lumbar region) entire back of left side of chest and lower 1/2 of back of right side of chest. (7) Abrasion 2" x 2" on the left hip. (8) Contusion over entire right hip. (9) Contusion 3" x 1-1/2" on front of left side of chest on its lower part. In the opinion of the Doctor, the death was due to rupture of liver and multiple fractures (left ribs and right ilium ). The investigating officer prepared a site inspection note Ex. P. 6. After the investigation was concluded, a challan was put up by the police in the court of the Additional Munsiff-Magistrate No. 2, Kotah. The accused, it appears, denied to have committed any offence. In support of its case the prosecution examined 10 witnesses. In his statement, recorded under sec. 342, Cr. P. C. , the accused deposed that his truck did not knock down Mst. Soni. There was another truck standing on the road. When he saw a woman lying injured, he took her to the Hospital, Kotah. The other truck left the place as soon as he stopped his truck. In his defence he produced himself into the witness box as D. W. 1 in accordance with the provisions of sec. 342-A. Cr. P. C. The trial court relied upon the statements of Gendialal, P. W. 1, Abdul Shakoor, P. W. 5, and Dr. R. K. Gupta, P. W. 3, and concluded that the accused acted in a rash or negligent manner. It accordingly convicted him under sec. 304-A, I. P. C. , and sentenced him to rigorous imprisonment for one year. An appeal was taken by the accused to the court of Sessions Judge, Kotah. The appellate court, holding that Mst. Soni was nocked down, run over and killed by the truck rashly or negligently driven by the accused Bhanwarlal, dismissed the appeal,

(2.) AGGRIEVED against the above verdict, the petitioner has approached this court through this revision petition. Learned counsel for the petitioner has persuasively argued that rash or negligent act on the part of the petitioner has not been proved beyond reasonable doubt by the prosecution in this case. He has also urged that Mst. Soni wanted to cross the road after coming down from the truck wherein she was sitting. According to him driver Bhanwarlal could not have seen her in her attempt to cross the road. The inferential possibility is that it was Mst. Soni who dashed against the truck and not that the truck dashed against her. Learned Deputy Government Advocate, on the other hand supported, though half-heartedly, the judgment of the court below.