L.S. MEHTA, J.—In the city of Jodhpur towards the west there is a highway known as Umaid Hospital Road. This road is fed by traffic from the south-eastern feeder roads, namely, Chopasani Road, 5th Road Sardarpura, and Pal Road. On its northern side, traffic emerges from Siwanchi Gate. On September 5, 1965, at about 1.15 p.m., accused Hari Singh, aged about 60 years, was driving bus No. RJQ 2694. He arrived on Umaid Hospital Road from the side of Pal. At that time Kumari Indu, a girl of about 16 years, also came on the said road on a bicycle from the side of Siwanchi Gate. She suddenly collided against the said bus somewhere near point marked O in the site plan Ex. P. 9. She was run over by the rear right-wheel of the bus, as a result of which she sustained fatal injuries and died instantaneously on the spot. After this accident Hari Singh stopped the bus after plying the same upto a distance of about 7 ft. First information report of this mishap was lodged that very day by the accused Hari Singh himself at the Police Station, Sardarpura, at about 1.35 p.m. On receipt of the report Ex. P. 8, a case was registered under sec. 304-A. I P.C., and investigation followed. The Police prepa

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