BALJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was booked in F.I.R. No. 116 dated 12.12.1993 under Sections 279/337/427/304-A I.P.C. registered at Police Station Sadar Khanna.

(2.) Briefly stated the facts are that the petitioner was the driver of Bus bearing No. PB-IOH-9847 which was being driven from Khanna side on 12.12.1993 at about 7 P.M. rashly and negligently and while so driving, the bus struck against truck No. PAT 4430 due which the passengers of the bus received injuries. Two persons and a girl aged 5/6 years died at the spot. After trial the petitioner was found guilty and convicted under Section 279/304-A I.P.C. vide judgment of the Judicial Magistrate, 1st Class, Khanna dated 14.11.2000 and was sentenced vide order of even date under Section 304 A I.P.C. to undergo rigorous imprisonment for one year and six months and to pay a fine of Rs. 1,500/- and in default to further undergo R.I. for one month. He was also sentenced under Section 279 I.P.C. to undergo Rigorous imprisonment for four months and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo imprisonment for 15 days. Both the sentences were ordered to run concurrently. Aggrieved by the said judgment and order the petitioner filed an appeal which was dismissed by the Additional Sessions judge, Ludhiana. Still dissatisfied, the petitioner has filed the instant revision petition.

(3.) I have heard Mr. P.S. Kang, counsel for the petitioner and Mr. P.S. Sullar, AAG, counsel for the State of Punjab. Counsel for the petitioner has not contested the case on merits. He has only stated that the petitioner is the only son of his parents and there was some negligence on the part of the truck driver also as he had parked the truck on the road without caring for the incoming traffic. He further states that so far as the sentence is concerned the petitioner has been dealt with harshly.