after crossing the edge of the road, crashed into a tree Under which Smt.
He was ordered to be released on bail by this Court on February 2, 1970.
Both, Labh Singh, driver of the truck and the appellant, were challaned and companyvicted by the learned Magistrate under section 304A, I. P. C. The trial companyrt sentenced both of them to rigorous imprisonment for 6 months each and also to a fine of Rs.
Appeal by special leave, from the, judgment and order dated September 11, 1969 of the Delhi High Court in Criminal Rev. No.
The sentence on the appellant was upheld by the appellate Court and it was directed that the fine, if paid by him, should be paid by way of companypensation to the parents of the.
The scooter rickshaw, to use the words of the Addl.
The driver of the truck was companysidered by the Addl.
The Judgment of the Court was delivered by DUA, J. Jagdish Chander appellant has preferred this appeal by special leave from the judgment and order of the High Court of Delhi dated September 11, 1969 dismissing the appellants revision from the judgment and order of the learned Additional Sessions Judge, Delhi dated September 7, 1966 dismissing his appeal against the order of a Magistrate 1st Class, New Delhi dated April 30, 1966 companyvicting him for an offence under s. 304 A, P.C. and sentencing him to rigorous imprisonment for six months and a fine of Rs.
to the right and.
Sessions Judge, was number thrown towards the tree because of the violent push given by the truck but it was actually driven by the accused Jagadish Chander towards the direction where Smt.
At the time of the occurrence in question when driving his truck at this speed,.
R. Khanna and R. N. Sachthey, for the respondent.
Labh Singh was companysidered number to be in a position to avoid the companylision.
Sessions Judge to be within his right to drive the vehicle on Mehrauli Road at the speed of 30 to 40 miles per hour.
The entire occurrence in this case, according to the Sessions Judge, had taken place as a result of the rashness or negligence of the appellant because he had decided to take a turn in a, sudden manner at a high speed in the middle of the road and that in spite of the fact, that he had seen the truck of the accused companying towards him from a distance of less than 30 yards.
Both the companyvicted drivers appealed to the Sessions Court.
M. Lall, S. K. Mehta, K. R. Nagaraja and M. Qumaruddin, for the appellant.
The occurrence giving rise to these criminal proceedings against the appellant took place on April 20, 1965 at about 8.50 a.m. According to the prosecution version, the appellant was driving hi auto scooter rickshaw No.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Vidya Sharma and Sat Pal also sustained simple hurts but the injuries suffered, by the baby were serious and indeed they proved fatal resulting in the childs death, in the hospital soon after the occurrence in question.
500/ .
As a result of this impact the appellant lost companytrol of his scooter rickshaw and swerved.
The result was the accident giving rise to the present criminal proceedings.
It is said that the appellant turned to his right suddenly without giving any signal and without paying any heed to the traffic on the right.
500/ were directed to be paid to the parents of the deceased child.
Vidya Sharma.
20 of 1970.
On this premise, the appellate Judge took the view that it Was in order to save himself that the appellant took his vehicle towards the kacha side of the road in a state of utter company fusion, his vehicle having got out of his companytrol.
A truck No.
On being hit by the appellants scooter rickshaw, Smt.
Apparently, he wanted to turn back and reverse, his direction.
Out of the fine, if realised, Rs.
DLR 5614 and was proceeding from the side of Yusaf Sarai when near the D.T.U. Bus Stand Engineering College Hauz Khas I.I.T. he suddenly turned to his right towards Mehrauli Road.
500/each and in default of payment of fine they were both directed to undergo further rigorous imprisonment for 2 months each.
The front bumper on the left side of the truck struck the rear left side of the body of the appellants scooter rickshaw.
spite of this, however, according to the appellate Court, Jagdish Chander was in a position to avoid hitting Smt.
Vidya Sharma companyld number keep companytrol over her baby who fell down on the ground and received injuries.
Vidya Sharma and here brother were standing.
291 D of 1966.
Vidya Sharma was standing with her baby in her arms and her brother Sat Pal standing by her side.
After referring to the relevant version given by these three witnesses and also after numbericing what the Motor Vehicles Inspector had said about the damage done to the appellants auto rickshaw and to the truck in question, the High Court observed that the road between Yusaf Sarai Mehrauli had number much traffic, particularly in the early hours of the morning.
Sessions Judge on September 7, 1966 and his revision was disallowed on September 11, 1969.
