HARBANS SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ON December 12, 1966, it is alleged, the accused Harbans Singh was driving bus No. RJK 4157 and was proceeding from Karanpur to Ganganagar. Another bus No. RJL 7723 was also going towards the same direction and on the same route. Soonafter bus No. RJK 4157 reached the bus stand Mirzawala, the other bus started towards Ganganagar. Later on the accused Harbans Singh also left the Mirzawala bus-stand and began plying his vehicle with a fast speed so as to overtake the bus No. RJL 7723. After covering a distance of about two miles from Mirzawala bus-stand, Harbans Singh's bus collided against the other bus, which at the moment was standing on the road side. As a result of this collision five persons, including Chatruram, P. W. 1, and the deceased Ramlal, were injured. Bodies of both the vehicles were also damaged. First information report of the occurrence was lodged soonafter with the police station, Ganganagar. All the injured persons were examined by P. W. 2 Dr. Lajpat Raj, Medical Jurist, General Hospital, Ganganagar. The injured Ramlal succumbed to his injuries 13 days after the mishap. The two buses were inspected by the mechanic of the Police Department, Goverdhan Singh, P. W. 3. After the investigation was concluded, the police put up a challan in the court of the Munsiff-Magistrate, Ganganagar, against the accused Harbans Singh. The accused denied to have committed any offence before the trial court. In support of its case the prosecution examined 3 witnesses, namely; the injured Chatruram P. W. 1, Dr. Lajpat Raj P. W. . 2, and the mechanic Goverdhan Singh P. W. 3. In his statement, recorded under S. 342, Cr. P. C. , the accused stated that he was driving the bus only upto Mirzawala bus-stand. Thereafter Kapur Singh handled it. The bus, according to him, moved slowly. All of a sudden the tie-rod of the bus gave way and that eventually resulted in the accident. The accused did not produce any evidence in his defence. The trial court, by its judgment, dated September 11, 1967, convicted the accused Harbans Singh under secs. 279, 337 and 304-A, I. P. C. The accused was sentenced to three months' rigorous imprisonment under S. 337, I. P. C He was sentenced to 12 months' rigorous imprisonment under S. 304-A,, I. P. C. Both the sentences were directed to run concurrently. No separate sentence was imposed for the offence under S. 279, I. P. C. An appeal was preferred by the accused in the court of the Sessions Judge, Ganganagar. That appeal, it appears, was subsequently transferred to the Additional Sessions Judge, Ganganagar. The appellate court by its judgment, dated September 28, 1968, maintained both the conviction and the sentences awarded to the appellant by the court of the first instance. Hence this revision-petition.

(2.) LEARNED counsel for the petitioner has submitted the following 3 contentions: - (1) The court below fell in error in relying upon the testimony of a layman Chatruram, P. W. 1, on the question of determining the speed of the bus; (2) The lower court went wrong in not properly appreciating the fact that the tie rod of the vehicle, as stated by the accused Harbans Singh, suddenly gave way before the incident, as a result of which the vehicle went out of control. (3) The court below did not properly appreciate the fact that important witnesses were withheld by the prosecution for which adverse inference could have been drawn.