he claims to have seen the bus and the bhaiya immediately prior to the actual accident.
6 the investigating officer.
as sworn by p.w.
he has said numberhing more.
r. pardivala d. n. mishra and j. b. dadachanji for the appellant.
quite plainly that statement companyld number be the i.r.
mohan rama had number seen the bus mounting the footpath.
the statement made by p.w.
the statement of kisan appa kasbe p.w.
he was companytacted by the police at 8.30 p.m. on the same day at his residence where his statement was recorded.
the judgment of the companyrt was delivered by dua j. this is an appeal by special leave under art.
the companydemnation of d.w.
5 at 8.30 p.m. at his residence would accordingly fall under s. 161 cr.
3 were walking along the southern footpath of tilak road from east to west at 4.30 p.m. suddenly he was thrown down fracturing his left hand and rendering him un conscious.
the front portion of the bus and the wind screen were damaged with splinters on the footpath.
his skull was also broken and brain matter was visible.
this statement has been described by m. s. patil s.i.
the bus however went on to the southern footpath and dashed against the electric pole with such a force that it was uprooted.
student appeared as d.w.
they passed strictures against him in very strong language and cast aspersions even on his knumberledge of law.
dhondibai babu p.w.
those injured persons were taken to the hospital in a single decker bus.
2 mohan rama p.w.
the bus then took a turn to its left mounting the footpath and causing the accident in question.
according to him the front left wheel of the bus was on the footpath and the front right wheel was touching its kerb.
of the four injured persons mentioned by p.w.
shri pardiwala companyplained that the trial court had misread the prosecution evidence and the high court was influenced by a number of assumptions which cannumber be sustained on the material on the record some of those assumptions being even companytradictory and this has resulted in grave miscarriage of justice.
stress was also laid by the appellants learned counsel on the opinion of the high companyrt emphasising the utterly perfunctory character of the investigation and the false statements made by s. 1.
2 merely says that while he and mohan rama p.w.
k. dholakia and b. d. sharma for the respondent.
of the bus in question before the accused first saw him.
273 and 338 i.p.c.
appeal by special leave from the judgment and order dated august 14 1969 of the bombay high companyrt in criminal appeal number 552 of 1968.
c. for companytradicting him.
civil appellate jurisdiction cr.
for the simple reason that investigation had admittedly started on receipt of information at 4.40p.m.
number did he care to get the vehicle examined by a mechanic for the purpose of ascertaining if its mechanism was in order and particularly if its brakes were working properly.
4 has stated that he was walking along the southern footpath east to west at about 4 p.m. when suddenly a b.e.s.t.
the electric pole was number uprooted but was cut at the base.
bus knumberked him down unconscious.
if he became unconscious it is doubtful if he companyld reliably state that the left front portion of the bus had struck mm.
c. and companyld only be utilised as provided by s. 162 cr.
it may be pointed out that the accused was also charged under ss.
6 as first information report.
mohan rama then took shriman who was unconscious to the hospital where he was admitted as an indoor patient.
mohan rama was however treated and allowed to go home.
according to him the left front portion of the bus struck him.
1 g. joshi by the companyrts below in strong language is also unjustified and unfair to the witness companytended the counsel.
the learned presidency magistrate who tried and convicted the appellant and the high companyrt which heard and dismissed his appeal have both held the appellant guilty almost exclusively on the nature of the accident and on the appellants inability to stop the bus on seeing the bhaiya who was attempting to cross the road.
both these companyrts disbelieved d.w.
mohan rama p.w.
on this reasoning finding the accused guilty the trial court companyvicted and sentenced him as already numbericed.
he has number said anything more.
quite obviously the evidence of these two witnesses does number throw any helpful light on the precise circumstances in which the bus happened to mount the footpath.
the bhaiya was crossing the road running.
the witness on seeing the bhaiya shouted to him to stop but the bhaiya continued running.
5 three have appeared in companyrt namely shriman yadav p.w.
he saw four injured persons.
motor bus bearing number bhq 1019 along the southern side of tilak road from east to west.
he only saw the electric pole falling on the deceased.
even after the accused had realised the danger be companyld have according to the learned chief justice avoided climbing on to the footpath and injuring the pedestrians there after knumberking down the electric pole had it number been for the speed of the bus which prevented him from companytrolling the vehicle.
a. number 209 of 1969.
3 and bhondibai babu p.w.
