( 1 ) THE topography of the place as it emerges from the panchnama as also the oral evidence may be noted first. The wider of the two roads which are inter-sected by the chawk is the Subhash road or the Sardar Road which is a straight road running from East to West and the width of that road is 24 ft. with a foot-path on either side of the width of 4 ft. This is a cement road. The other road i. e. Takhatsinhji Road which is also referred to as the Scientific or Watch Gali runs from North to South and though the width of that road is not recorded in the Panch- nama the witnesses refer to the same as 12 ft. At this stage the position of the vehicles may also be noted as it was found at the time of the panchnama. The carrier was found lying in the South-West corner of the chawk i. e. the inter-section facing Western direction. The distance between its front right wheel and the Northern border of the road was 15 ft while the same on the Southern side was 10 ft. The Southern boarder of the road was at a distance of 4 ft. from the front left wheel. There were brake marks to the extent of 20 ft towards the Eastern side of the carrier.

( 2 ) THE learned Judge constituting the