LAKSHMAN DAS Vs. STATE

JUDGEMENT

(1.) THIS criminal revision application is directed against the order dated 21.7.1993 passed by the 4th Additional Sessions Judge, Singhbhum (West) at Chaibasa in Criminal Appeal No. 35/92 whereby and whereunder the learned additional Sessions Judge confirmed the judgment of conviction and sentence passed by the Judicial Magistrate, 1st Class, Chaibasa in connection with GR No. 346 of 1983/ Muffasil 69/83.

(2.) THE prosecution case in brief, as alleged is that the informant along withhis elder mother was going to Bokaroto -Chaibasa and he along with his mother boarded in Anpurna bus at Chaibasa at about 4.15 a.m. There were 18 passengers including driver, cleaner, Laxman Das the petitioner was the driver of the said bus. When the bus reached near the bridge situated at Kujju river at 4.45 a.m. the informant saw that water was flowing over the bridge. The informant and other passengers made objection with the driver for not taking the bus on the bridge as the water is flowing over the bridge but the driver did not respond the request and he drove the bus recklessly and as soon as the bus reached on the bridge, the right wheel of the bus slipped by the side of the bridge due to which the bus stopped there for about 20 minutes. It is further alleged that some of the passengers took shelter on the roof of the bus but there was heavy current of water, as a result of which the bus turned around and fallen in the river. Some of the passengers also jumped in the river but his mother fell down from the bus and she died: It is also alleged that some of the passengers had flown in the current of the river. All the belongings of the informant and other passengers also flown in the river. Accordingly the first information report was lodged and on the basis of which the police investigated the case and submitted charge -sheet.

(3.) AGAINST the aforesaid judgment of conviction and sentence, the petitioner preferred appeal before the Sessions Judge which was also dismissed by an order dated 21.7.1995.