JOGA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision petition has been filed against judgment dated 21.3.2003 passed by the Court of learned Additional Sessions Judge, Ludhiana, in FIR No. 1, dated 1.1.1993 under Sections 304-A, 338 IPC, registered at Police Station Sarabha Nagar, Ludhiana, upholding the judgment of conviction and order of sentence dated 27.2.1999 passed by learned Judicial Magistrate Ist Class, Ludhiana, vide which accused was convicted for offences under Sections 304-A/338 IPC and sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs. 1000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of two months for offence under Section 304-A IPC and to further undergo rigorous imprisonment for a period of one year and to pay fine of Rs. 500/- and in default of payment of fine to further undergo rigorous imprisonment for a period of one month for offence under Section 338 IPC.

(2.) The facts in brief are that on 31.12.1992, revision-petitioner was driving Mini bus bearing No. PB-10B-9603 on Ludhiana-Humbran route. Paramjit Singh complainant boarded the bus from Bharat Nagar Chowk for village Iyalikala. Driver of the bus drove the same in a very rash and negligent manner. He could not control the same and hit against a cycle going ahead of the bus. The cycle was being peddled by Jaswant Singh (deceased) whereas Bhajan Singh PW was pillion rider. Both of them sustained injuries. Jaswant Singh succumbed to the injuries at the spot, whereas Bhajan Singh suffered fracture and serious injuries and was removed to the hospital.

(3.) After completion of investigation, report under Section 173 of the Code of Criminal Procedure (hereinafter to be referred as the 'Code') was filed and challan was filed in the Court against the present revision petitioner.