SATNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was convicted by the trial Court on a charge under Section 304-A of the Indian Penal Code for causing the death of Balbir Singh by driving truck No. PBG-1921 in a rash and negligent manner and sentenced to undergo 1-1/2 years rigorous imprisonment besides a fine of Rs. 800/- or in default of payment thereof, to further suffer 3 months rigorous imprisonment. The order of conviction and sentence was upheld by learned Addl. Sessions Judge, Gurdaspur in appeal filed by the petitioner. Still being aggrieved against the above referred order of conviction and sentence, the petitioner has come up in this revision petition before this Court. Notice regarding sentence only was given to the State.

(2.) I have heard learned counsel for the parties besides perusing the impugned orders of the trial Court and the appellant Court.

(3.) The maximum sentence provided for offence under Section 304-A of the Indian Penal Code is two years with or without fine. Thus the aggravating circumstances of the case could call for awarding the maximum sentence provided therein. In the case in hand, the petitioner was driving the truck and while overtaking the cart of the deceased, hit the cart from its back side which resulted in the fall of the victim and sustaining injuries which proved fatal about two days thereof. The mere factum that the driver and conductor of the truck escaped from the scene of accident is of no consequence as the drivers of the vehicles involved in the accident do behave in this manner in order to avoid being mishandled by the persons attracted to the spot.