NAGINA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 29.10.2001, passed by Additional Sessions Judge, Rupnagar, dismissing the appeal of the petitioner-accused (herein referred as 'the petitioner') against the judgment dated 30.03.1996, passed by Chief Judicial Magistrate, Rupnagar, convicting and sentencing him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 400/- for the offence under Section 304A IPC.

(2.) The case was registered at the instance of Dalbara Singh complainant son of Kabal Singh (herein referred as 'the complainant') at Police Station Chamkaur Sahib, District Ropar. He was working as a Security Guard-cum-Gunman in the Punjab Fibers Limited Factory, Rail Majra. He disclosed that on the aforesaid date, he was on duty at bus-stand Rail Majra and one Rameshwar Mehton, another employee of his factory was waiting for the bus. At about 9:00 a.m., the petitioner while driving the bus bearing registration No. PB-12-A-9241 came from the side of village Toansa rashly and negligently and struck against Rameshwar Mehton. Resultantly, he fell down in the middle of the road, suffered head injury and died at the spot. On the aforesaid statement, the case was registered against the petitioner. He was arrested, photographs of the place of occurrence were taken, aforesaid offending bus was taken into possession, inquest report was prepared by the Investigating Officer and the dead body of Rameshwar Mehton was sent for post mortem. After collecting all the documents and statements of the witnesses, challan was presented in the Court.

(3.) The petitioner was charged under Section 279, 304A IPC to which he pleaded not guilty and claimed trial.