Penal Code, 1860–Secs. 304-A, 337, 338 & 279–Conviction–Appreciation of–Jeep collided with the standing truck–PW 1, PW 5, PW 6 & PW 9 are co-passengers in the questioned jeep and they stated that the accused-petitioner was driving the jeep speedly and rammed the jeep to a parked truck and he fled away from the place of incident–If the truck driver had parked or stationed the vehicle on the side of road in violation of road regulations, there is no answer for the accused to absolve himself of his criminal negligence–He was required to anticipate or foresee any negligent act of the other road users as the doctrine of contributory negligence will not come to his aid–The truck was stationed at the road, is obvious from the site plan–Accused-petitioner tried to introduce the story that the truck came suddenly from the opposite side, has been totally denied by the witnesses–Further, the defence that the jeep was driven by Hanuman is also not found true–The version of eye-witnesses is sufficient to conclude that the accused-petitoner did not exercise the proper care and precaution–Interference declined.
