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2017 DIGILAW 1786 (RAJ)

Shyam Kumar v. State Of Rajasthan

2017-08-09

PRADEEP NANDRAJOG

body2017
JUDGMENT ORDER Pradeep Nandrajog, CJ. - On 06.04.1991 jeep bearing registration No. RJN 1440 belonging to Rajasthan State Electricity Board was being driven by petitioner Narpat Singh. Jeep bearing registration No. RJ-16-151 was being driven by petitioner Shyam Kumar. Whereas Narpat Singh was driving the jeep from Jalore to Ahore, Shyam Kumar was driving the jeep from Ahore to Jalore. Meaning thereby, the two were driving in the opposite direction. Deceased Mangi Lal was a passenger in the jeep driven by Shyam Kumar. The complaint resulting in FIR being registered was lodged by Manchha Ram Meena (PW-1) who was travelling in the jeep driven by Narpat Singh and overlooked the argument that while lodging the complaint Manchha Ram Meena would give a slight twist in favour of Narpat Singh, relevant would it be note that as per him it became the compulsion of Narpat Singh to suddenly move his jeep on the ''kachcha'' side of the road because all of the sudden stray puppies came on the road. He has not stated whether Narpat Singh could suddenly move to the left or the right side of the road, but the site plan Exhibit-P4 would show that both vehicles came on the same side of the road. The photographs Exhibit-P6 to P14 would show that a very slight dent has been caused on the front of both jeeps, which is a proof that the two jeeps were not driven fast. What has unfortunately happened is that the deceased who was sitting on the left side of the jeep driven by Shyam Kumar fell down from the jeep as a result of the jerk. The photographs would show that the jeep had a canvas top and there is no door either on the driving side or the other side. 2. Regretfully, this aspect has been overlooked by the learned trial Judge as well as learned Appellate Judge who have convicted both the drivers for the offence of causing death by rash and negligent driving. 3. It is a case where the sudden emergance of puppies on the road resulted in the unfortunate accident. The photographs rule out both drivers driving rashly and negligently. A passenger in the jeep driven by Shyam Kumar unfortunately fell down when there was a sudden jerk in the jeep driven by Shyam Kumar as Narpat Singh tried to save the puppies and suddenly maneuvered his jeep. 4. The photographs rule out both drivers driving rashly and negligently. A passenger in the jeep driven by Shyam Kumar unfortunately fell down when there was a sudden jerk in the jeep driven by Shyam Kumar as Narpat Singh tried to save the puppies and suddenly maneuvered his jeep. 4. Both the petitions are allowed. Impugned judgment and order of conviction dated 23.09.1995 convicted Shyam Kumar and Narpat Singh for offences punishable under Section 279, 337 and 304A IPC as also the sentence imposed is set aside. Impugned order dated 16.08.1997 dismissing the appeals filed by Shyam Kumar and Narpat Singh is also set aside. Both of them are acquitted of the charge framed against them.