- (1.) THIS rule is on behalf of one Lach. man Sing who has been convicted under Section 304A, Penal Code, and sentenced to rigorous imprison, merit; for six months.
(2.) THE prosecution case was that at about 6 p. m. on 2nd March 1947, a girl Bithi aged about 5 to 6 -years was run over by a lorry No. BG2809 driven by the petitioner Laohman Sing. The girl was billed instantaneously. The lorry did not stop but went away at a great speed. The number of the lorry was noted by some of the persona present and though an attempt was made to block the passage of the running lorry it could not be stopped. The num. ber of the lorry as obtained from the witnesses was taken charge of by the police who came to the spot: immediately thereafter and made the necessary enquiry. The accused pleaded not guilty to the charge and the defence was that the number of the offending lorry had not been correctly recorded by the witnesses and even if it were so it had not been proved that the accused was driving the lorry at the time when the accident took place. The accused in his statement before the Court had stated that be was not driving the lorry. The learned Magistrate found the case against the accused proved beyond reasonable doubt and convicted him as stated above.
(3.) ON an appeal being taken by the accused before the learned Sessions Judge the conviction and the sentence were upheld.;