- (1.) In this appeal, by special leave, on behalf of the appellant-accused, Mr. H. C. Gupta, learned counsel, attacks the judgment and order of the Jammu and Kashmir High court, dated 5/04/1968, in criminal Second Appeal No. I of 1967, confirming the appellant's conviction as well as the sentence imposed on him, for an offence under S. 304-A of the R. P. C. corresponding to S. 304-A of the Indian Penal Code.
(2.) The case of the prosecution was as follows: On 24/07/1959, Balbadar, a constable had gone in search of the appellant to serve a warrant on him. On the way he met another constable Mohd. Umar. Both of them met the accused, who was driving a truck loaded with sleepers. The accused was asked to stop the truck and receive the warrant. The accused refused to stop and increased the speed of the truck. Balbadar got on the foot-board of the truck through the window and Mohd. Umar got on the top of the truck, which was loaded with sleepers. Both these constables repeatedly asked the appellant to stop the truck. The appellant paid no heed to their request and started driving the truck at a very fast speed. Balbadar sensing danger jumped out of the truck and saved his life. The appellant deliberately drove the truck towards a ditch and at the nick of time jumped out of it. The truck fell in the ditch, as a result of which mohd. Umar was crushed and met with his death.
(3.) The appellant pleaded not guilty to the charge. The trial magistrate, the learned Sessions Judge on appeal as well as the High court of Jammu and kashmir in second appeal, have concurrently found the case of the prosecution to be true. They have also come to the conclusion, accepting the evidence of Balbadar, that the accused appellant deliberately drove the truckfast and took it towards a ditch, so that it might fall into the ditch and caused the death of Mohd. Umar and Balbadar. The further findings are that the appellant was wise enough to save his life by jumping out and that balbadar, one of the constables, also luckily jumped out of the truck and saved his life, whereas Mohd. Umar, who was seated on the top of the truck, met with his death. The plea of the accused that the falling of truck in the ditch was an accident, was not accepted by any of the courts. On these findings the appellant was convicted for the offence under S. 304-A and sentenced to undergo rigorous imprisonment for two years. The appellant's conviction has been confirmed by both the Sessions Judge and the high court.;