AJAIB SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was convicted for the offence punishable under Section 304-A of the Indian Penal Code and was sentenced thereunder to rigorous imprisonment for a period of one and half year and to pay a fine of Rs. 500/-. In default of payment of fine, he was to undergo further rigorous imprisonment for a period of three months. He appealed against the order of his conviction and sentence. The appeal was dismissed. Hence this revision petition.

(2.) Case of the prosecution is that on 23-12-1985, the petitioner was driving a tanker (truck) bearing registration No. PJL-9785 in rash and negligent manner and when the tanker reached near the railway crossing at Phagwara, he dashed against a cyclist. The accident took place at 6.30 p.m. The petitioner allegedly ran away from the place before the police arrived there.

(3.) One eye witness examined in this case is PW 6 Ran Singh. The another eye witness, who was partly examined is, Mohan Singh. After some part of his deposition was recorded, learned Assistant Public Prosecutor appearing for the State requested the trial Court to defer the further examination-in-chief of Mohan Singh as the petitioner had not brought the tanker to the Court. The petitioner was directed to bring the tanker on the next date of hearing. Thereafter aforesaid Mohan Singh did not turn up. The trial Court held that it hardly matters that Mohan Singh did not turn up again for deposing in the Court because the case could independently be decided on the basis of statement of PW 6 Ran Singh who had lodged the complaint in the case. The trial Court further observed that it was equally open to the petitioner to examine Mohan Singh in defence.