Amar Singh vs State of U.P.

G.D. Dube, J.—The applicant was convicted by Munsif Magistrate (Lower Criminal Court) First Class, Rampur and sentenced to one year�s R.I., u/s 304-A, IPC, six months R.I. u/s 338, IPC and three months� R.I. u/s 279, IPC. All the sentences were directed to run concurrently. As against this judgment and order, an appeal was preferred. The learned Sessions Judge, Rampur, had found that along with Section 304-A, IPC, the charge u/s 338, IPC should not have been framed. Hence, (sic) has set aside the punishment u/s 338, IPC. The order of the Magistrate under Sections 304-A and 279, IPC, was, however, maintained. Aggrieved by this last order, the present revision has been filed.

It was alleged by the prosecution that at 1.30 P.M. on 20-7-1983 the applicant was driving his bus No. DLP 1066 Rampur Bareilly Road. He was coming from the side of Rampur with a very high speed and moving in a very careless manner. He had hit the cyclist as a result of which the cyclist received fatal injuries. The applicant was arrested on the spot. The cyclist had been injured seriously, He was taken to the Local District Hospital where he died same day. A case had been registered at the police-station concerned against the applicant. The post-mortem was carried on the body of the cyclist.

The case had been investigated and charge-sheet was submitted. The prosecution had examined Vijai Singh PW 3, Shakir PW 4 and Chandrabhan PW 5 as eye witnesses. PWs 3 and 4 have not supported the prosecution story. They have been declared hostile.

It was urged that there was a solitary statement of Chandrabhan PW 5. He had admitted in his cross-examination that the bus had stopped at a distance of four to five steps after hitting the cyclist. It was farther urged that the bus being a heavy vehicle could not have been stopped at such a short distance if it was being driven rashly, fastly and negligently.

The contention raised by Learned Counsel for the applicant cannot be drawn on the above solitary statement. The courts below have held that the applicant was negligent and rash in driving his vehicle. He has been held responsible for the death of the cyclist. I do not find any justification to interfere with these concurrent findings on the basis of solitary sentence occurring In the cross-examination of Chandrabhan PW 5 that the bos had stopped at a distance of five steps after hitting the cyclist. This statement about distance of five steps may be only an estimation of the witness. Nothing hinges in favour of the applicant on the above statement.

After going through the record, I do not find any error in the appreciation of evidence by the two courts below. The only point raised by Learned Counsel for the applicant fails.

The revision is rejected. The Magistrate concerned shall issue warrant of arrest against the applicant and send him to jail for serving out the remaining part of his sentence.