Law:

Section:

Keywords: Conviction, Information, Evidence, Investigation, Magistrate, Place, Set Aside, Consideration, Mistake, Prosecution Result: Revision allowed JUDGMENT This is a revision application against the judgment of the Joint Civil Judge and 1st Class Magistrate, Mirpurkhas convicting the appellant for an offence under section 304-A P. P. C. And section 337, P. P. C. And sentencing him to undergo R. I. For 12 month. And 3 months respectively. The appeal against the con viction and sentence was dismissed by the learned Sessions Judge, Tharparkar. On 25th October 1956 Mr. Mohammad Suleman A. S. I. P. Along with Mohammad Murid Head Constable, Gordhandas H. C. Dawood Foot Constable, Murid Kapri, Kadirbux, Ismail, Mohammad Khan, Mohammad Din and Moula Bux left in a jeep for Murid Kapri village in connection with an investigation. Atta Mohammad was driving the jeep. When they reached Ratana -bad railway crossing a bus said to have been driven by the appellant came from the opposite direction with a fast speed and struck the back side of the jeep. The bus bore No. T. R. 349. As a result of this collision Ismail, Mohammad Din and Murid and Atta Mohammad who were in the jeep sustained injuries. The driver of the bus stopped the bus at some distance and then immediately drove away. The injured persons were taken to the hospital and first report was lodged. On the same day the appellant was arrested while he was driving the same bus while going from Tando Allahyar to Mirpurkhas. After usual investi gation he was challaned. He proclaimed his innocence and denied that he was driving the bus at the the of this accident. The prosecution case against the applicant was founded upon the evidence of Mohammad Khan, Murid, Kadirbux, Khan Mohammad, Moulabux, Mir Mohammad and Yamin A. S. I. P. All of them implicated the applicant as being the driver of the bus which caused the accident. Their evidence was believed by the lower Courts. There can be no manner of doubts that the accident had taken place as a result of the collision of the bus with the jeep. The bus had struck the back portion of the jeep. It is also in evidence that the bus was being driven at a fast speed and although…

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