YASIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been preferred by the convict Yasin from the judgment of the Additional Sessions Judge, Dungarpur, dated August 12, 1976, whereby the learned judge upheld the conviction of the accused under sees. 279 and 304a, I. P. C. and sentence of 2 months and 6 months respectively thereunder recorded by the Judicial Magistrate, Dungarpur.

(2.) BRIEFLY stated, the facts of the case are that on March 17, 1973, at about 6 p. m. Subhash Chandra deceased and his friend Vishram P. W. 2 were proceeding on a motor cycle from Udaipur to Idar on national highway No. 8. Subhash Chandra was driving the motor cycle whereas Vishram was riding on the pillion. At Vichhiwara-Ratanpur section of the road, where there is a turn, the motor cycle struck against the foot-board of truck G. D. 5612, which was coming from the opposite direction and was being driven by the accused-petitioner. The prosecution version is that the truck was coming at a high speed and turned more towards the right side at the turn with the result that the motor cycle was struck by the truck. As a result of the impact of the motor cycle and the truck, Subhash Chandra, who was driving the motor cycle, was thrown away and he received serious injuries while Vishram escaped with minor injuries.