MAJID ALI Vs. STATE
LAWS(ALL)-1956-12-34
HIGH COURT OF ALLAHABAD
Decided on December 04,1956

Majid Ali Appellant
VERSUS
STATE Respondents

JUDGEMENT

V.D.Bhargava, J. - (1.)This is an application in revision on behalf of Majid Ali who has been convicted under Sections 279 and 429, Indian Penal Code and sentenced to a fine of Rs. 200.00 under each of the sections.
(2.)The case against the applicant was that he was driving rashly and negligently, a tonga on the Mahatma Gandhi Road near Subhash Park, Agra, and thereby broke one of the legs of a mule on 4-11-52 at about 3-30 p.m. The applicant pleaded not guilty and denied that he was driving the tonga rashly or negligently and his defence was that the mule was injured by a municipal truck. The Additional Sessions Judge came to a finding that the tonga was not being driven at a high speed and as such there could be no question of any act of rashness due to high speed. But he was of opinion that it was not a sheer accident and that the accused must have been driving the tonga in a very negligent manner. On that finding he convicted the accused.
(3.)It is admitted that the tonga and the mule both were going on their left side and the traffic rule was not infringed by the applicant. It is further clear from the finding that the tonga was not being driven at a high speed. If that was so, I am unable to follow as to what was the act which constituted negligence of the accused. Moreover, on the facts of the case neither Sec. 279 nor Sec. 429, Indian Panel Code. will apply. Sec. 279 reads as follows:-
"Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description.............."



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