FAKIR MOHAMMAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE accused petitioner was convicted by the learned Judicial Magistrate No. 1, Jaipur District, Jaipur, under his judgment dated 22nd May, 1986 under Section 304A I.P.C. and was sentenced to undergo one year's rigorous imprisonment. The accused -petitioner preferred an appeal before the learned Sessions Judge and the learned Sessions Judge under his judgment dated 9th May, 1988 partly allowed the appeal and while maintaining the conviction of the accused petitioner for the aforesaid offence, reduced the sentence of the accused -petitioner and the accused -petitioner was sentenced to undergo three months' simple imprisonment.

(2.) BHAGWN Shay PW 11 along with deceased, Sushila sister -in -law and other on 8th August 1978 were going to Ramgarh for a picnic. While deceased persons Ram Babu and Vishnu were going on scooter No. RRG 4409 others including Bhagwan Sahai PW 11 were going in a bus No. RSM 4130 from Jaipur to Jamua Ramgarh. The accused - petitioner was the driver of the said bus at the relevant time, while Rm Banu deceased was driving the scooter and Vishnu was sitting on the pillion seat. Near Lal Mahal it is alleged that the scooter which was till then travelling behind the bus suddenly overtook the bus. Thereafter, when the scooter was ahead to the bus, an accident took place and both the deceased persons died on the spot and the accused petitioner who was the driver of the bus ran away. Bhagwan Sahai PW 11 lodged a report in the police station and on the report Ex. P.9 a case was registered and investigation was set in motion. There was mechanical examination of the bus by Roop Chand and though he has not been examined but his report Ex. P.7 is on record. After investigation a charge sheet was filed under Section 304A I.P.C against the accused petitioner and after closing the prosecution evidence as many as 12 witnesses were examined.

(3.) THE main contention of the learned Counsel for the accused - petitioner is that taking the facts as held proved by the learned court below, it cannot be said that the driver of the bus was driving the bus negligently. It is very sad that two persons lost their lives, but if somebody over - takes the bus from its wrong side, it is not possible for the driver to see them and, therefore, if any accident takes place, more so when the bus was not at high speed, the driver of the bus cannot be held guilty for negligent and rash driving.