Deota Misir vs Emperor - 1931 Supreme(All) 162

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1931 Supreme(All) 162

BOYS
Deota Misir – Appellant
Versus
Emperor – Respondent

JUDGMENT

Boys, J. - Deota Misir has upon a complaint by Bishnath Lal of an offence u/s 304, I. P.C. (causing death by doing a rash or negligent act not amounting to culpable homicide) been convicted and sentenced to three months' rigorous imprisonment and a fine of Rs. 50 or in default six months' rigorous imprisonment.

2. The accused was the driver of a motor lorry, and was charged with having caused the death of a person, in that on the Gagha to Gorakhpur road he was driving his lorry fast as he was trying to outstrip another motor lorry, with the result that the lorry of the accused collided with a tree which stood on the right hand side of the road. The lorry overturned, one of the passengers was killed and some injured. The accused denied that he was driving fast or that he was trying to outstrip any other lorry or that he was guilty of any negligence. His case was that he saw two bullock carts coming towards him in the middle of the road, he intended to pass on his own left in the ordinary way, but the bullock-cart drivers took their carts one to the right and one to the left, and being unable to pass on his own left he swerved in order to try and pass on the right, and so stru

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