GULAMSAEED GULAM AMIR Vs. STATE

JUDGEMENT

(1.) ACCUSED Gulamsaeed was convicted by the Sub-Divisional Magistrate, Depalpur (Hatod) under Section 304a, I. P. C, and was sentenced to one year's rigorous imprisonment. The appeal filed against this conviction was unsuccessful. The accused has now come up in revision.

(2.) THE material facts giving rise to this appeal are as follows:

(3.) IN the evening of 8-2-1951 at about 5-30 or 6 P. M. accused was driving his goods truck M. B. G. 1260 while proceeding from Indore to Dhar. At Machal a place between Indore and Dhar there was Bazar day and temporary shops were set up by the side of the road leaving a narrow portion of it free for traffic. When the accused was taking this truck through the Bazar an eight year old girl named Basanti came running from the left and wanted to cross the road and go to the right. The girl was very near the truck and the accused therefore gave a swerve to his truck to the right in order to gain time to allow the girl to cross the road. The girl Basanti crossed the road and the accused then again turned back his truck to his side and wanted to proceed further. At a distance of about 15 paces from the place where the girl crossed the accused was required to stop the truck as his attention was called by the persons standing in the Bazar that a girl was hurt by the truck and found Basanti lying in a precarious condition. Accused and the owner of the truck who was also there proceeded to the Thana where the report was lodged.