SHYAMRAO KRISHNARAO Vs. EMPEROR

JUDGEMENT

(1.) HEMEON , J, 1. The applicant Shamrao, telegraph messenger, was convicted and sentenced to pay a fine of Rs. 51 under Section 279, Penal Code, by the Honorary Magistrate, First Class, Raipur, and in appeal the sentence was upheld but the conviction was altered to one under Section 337 ibid by the Additional Sessions Judge, Raipur. He has now come up in revision.

(2.) THE prosecution case was briefly stated as follows. On the afternoon of 18-11-1946 Hari (P.W. 2) saw the applicant, who was riding his bicycle quickly, knocked down a three years old girl without having sounded his bell or reduced his speed. As a result of the collision he also fell down and Hari took the bicycle to the Court of Mr. S.N. Hadole (P.W. 1), father of the child, and reported to him that it was the machine by which the child had been hurt. Mr. Hadole inspected the bicycle and found that it had no bell or front brake and that the back wheel brake was out of order. Mr. Hadole then went to his house where he found his daughter weeping and noticed that she had injuries on the left foot and a swelling on the left leg. He accordingly took her to Dr. T.M. Dabke (P.W. 4) who examined her injuries and dressed them. The matter was in due course reported to the police and the bicycle seized.

(3.) THE applicant was on duty at the time and the only contention pressed before me was that the proceedings against him were ultra vires, as the consent of the Governor-General had not been obtained to their institution under Section 270(1), Government of India Act, 1935. The proceedings referred to in that sub-section are those contemplated in respect of any act done or purporting to be done in the execution of a person's duty as a servant of the Crown in India or Burma, and the learned Additional Sessions Judge held that the act of the applicant did not take place in the execution of his duties.