The ill fated child was following the mother.
Appeal by Special Leave from the Judgment and Order dated 22 3 1978 of the Karnataka High Court in Criminal Revision Petition No.
P.C., the appellant stated that he was driving the vehicle slowly, and the child came on the road from the left, all of a sudden, to cross it that in order to avoid a companylision with the child, he immediately swerved the vehicle towards the right side of the road, but he failed to save the child.
During his examination under Section 313 Cr.
At the trial, the prosecution examined 11 witnesses.
A companyplaint was lodged by the Patel of the village, Gunde Gowda, at Hariyabbe Police Station.
456 of 1978.
The substance of the story that emerges from the testimony of these eye witnesses, taken as a whole, was that at the material time the accused was driving the bus slowly as there was a narrow bridge 30 feet ahead.
The accused in order to save the child swerved the vehicle to the extreme right side of the road.
Before crossing the road, the mother asked the child number to companye after her but to return home, but, when the mother had crossed the road and descended into the deep ditch on the other side, the child crying Amman suddenly dashed across the road to join her mother.
W. 2, a passer by, and P.W. 5, P.W. 6 and P.W. 9, who were passengers in the bus at the material time, were examined as eye witnesses by the prosecution.
In spite of it, the child was hit and died at the spot.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The Station House Officer P.W. 7 after registering a case, reached the spot and sent the dead body of the child for post mortem examination, and recorded the statements of witnesses, including some of the passengers in the Bus.
S. Javali, B.P. Singh and A.K. Srivastava for the Appellant.
The only portion of the Police statements of the eye witnesses, with which they were specifically companyfronted, was that before the Police they had stated that the accident took place due to the negligence of the accused, while at the trial they were saying something to the companytrary.
MYM 5859 on Dharampura Hiriyur Road towards Hiriyur.
Veerappa and J.R. Dass for the Respondent.
The parents of the deceased child were also examined, but they were admittedly number eye witnesses of the occurrence.
The Judgment of the Court was delivered by SARKARIA, J. By a short order we had allowed this appeal by special leave directed against a judgment, dated March 22, 1978, of the High Court of Karnataka, and acquitted the appellant.
357/77.
When the bus reached at a place from where a kacha path bifurcates for villages Hariyabbe, a girl named Gundamma, aged 4 years, ran across the road.
The appellant swerved the vehicle towards the extreme right side of the road.
But the child was caught under the left front wheel of the vehicle and was crushed to death.
Thus the defence plea was that the accident companyld number be avoided in the circumstances, in spite of the care taken.
According to the eye witnesses, excepting one, the accused blew the horn, also.
It was further evident from the statement of G. Ramakrishnappa P.W. 5 that if the appellant had taken the bus beyond the point where the child was hit, the bus would have fallen into the deep ditch, along with the passengers.
The mother P.W. 4 came from the habitation of the village to go to the field across the road at some distance, where her husband was working.
