RAMJEEVAN CHAUTHI YADAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner has filed this revision challenging his conviction by the Judicial Magistrate, First Class, III Court, Kalyan under section 304-A of the I.P. Code which has been confirmed by the Sessions Judge, Thane.

(2.) The incident occurred on May 28, 1975, at about 4 p.m. According to the prosecution, the deceased Indumati and her friend Mallika (P.W. 4) were going by the road which is in between Shinde Chawl and Municipal Hospital in Shastri Nagar, Dombivli, to attend the function at their school. There is a sharp turn of the road in front of the Shinde Chawl. As soon as they had taken turn, a tanker bearing registration No. B.M.Q.-7856 driven by the petitioner came from behind and knocked them both of them while they were walking on the road by the right side. The deceased Indumati was to the left of witness Mallika. As a result of the impact of the vehicle, Indumati fell on the left side of the road, and Mallika was thrown on the right side of the road and fell in a nearby ditch. Indumati had her skull crushed and died instantaneously. It is alleged that the petitioner was driving the vehicle very fast. He did not blow the horn, and on exemption of his rash and negligent driving, the accident occurred causing the death of Indumati.

(3.) Relying on the evidence of Mallika and certain circumstances, the courts below came to the conclusion that the prosecution has proved its case that the accident occurred on account of the rash and negligent driving of the petitioner.