EMPEROR Vs. BHAGWANDAS BAKSHI

JUDGEMENT

(1.) The appellant Bhagwandas Bakshi has been convicted by the Presidency Magistrate, Fourth Court, of an offence under Section 304A of the Indian Penal Code and sentenced to two months rigorous imprisonment and a fine of Rs. 201, in default two months further rigorous imprisonment.

(2.) Admittedly, the appellant was driving a motor-bus from the direction of the Jamsetjee Jijibhoy Hospital, and when he came to a stationary tram car, instead of proceeding straight on to his left, he drove his bus to the other side of the tram, that is to his right, with the result that the bus knocked over a boy of fourteen, who had got down from the rear entrance of the tram. The boy had his head fractured and was taken to a hospital, where he subsequently died.

(3.) The Magistrate has held that the death of the boy was due to a rash or negligent act of the accused, within the meaning of Section 304-A of the Indian Penal Code In coming to this conclusion the Magistrate has mainly relied upon the accused having disobeyed the proviso to Rule 19 under the Motor Vehicles Act, which prescribes the ordinary course to be followed when a motor-vehicle passes a tram car. This is, that the motor vehicle should ordinarily pass a tram ear on the left or near side, whether it be going in the same or the contrary direction. The Magistrate holds that the accused could have driven his bus on the near side of the tram and that in deviating to his right side, that is, to the left of the tram car, he took a rash step with the result that the boy was killed. He further held that the accused did not blow his horn before passing the tram car and says :- If the accused did not want to proceed straight on the first tram track and the portion of the road which was 114 feet and on which he could easily have taken the bas the width of which admitted to be 7 feet 7 inches ha should have stopped the bus and proceeded further after the opposite tram car had passed.