JIWA RAM Vs. EMPEROR

JUDGEMENT

(1.) This is a criminal reference by the Sessions Judge of Aligarh recommending that the conviction of the accused under Section 279, I.P.C., be altered into one under Section 16, Motor Vehicles Act, and the fine be reduced from Rs. 200 to Rs. 100.

(2.) The applicant was driving his motor lorry in a wrong direction keeping to the right side of the road. From the opposite direction Lt. Col. Pengelley was coming in his car and he very properly kept to the left side of the road. He blew his horn then at a distance of 40 yards, but the accused Jewa Ram did not turn back to the left side of the road but moved on compelling the complainant to leave the road and move on to its left side. Even then he did not escape safely, but his car was hit at right angles and was dashed against a tree and was smashed. The complainant received a few bruises also. The Magistrate found that although the accused applied his brakes he could not, in spite of his afforts avoid the accident. This implied that he was going at a fast speed and through a dusty atmosphere when the visibility was not good. He distinctly found that Jewa Ram's negligence and failure to observe the rule of the road were responsible for the collision.

(3.) As the case was tried summarily there was no appeal, but the accused filed a revision before the Sessions Judge. The learned Sessions Judge did not of course overrule these findings, but considered that the conviction under Section 279, I.P.C., was illegal. Ha relied on the case of In re Mohanlal Saxena V/s. Emperor A.I.R. 1930 Oudh 497, and concluded that where there is a special law making a particular act an offence and providing penalties, the general law is inapplicable. He has accordingly referred this case to the High Court because he considers that the conviction under the general law is illegal.