SHIV NARAIN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN the present revision petition, the petitioner has impugned the judgments and orders dated January 22, 1997 and September 20, 2000, passed by the Judicial Magistrate Ist Class, Kharar, and the Additional Sessions Judge, Rupnagar, respectively; vide which the petitioner has been convicted for the offences punishable under Sections 279 and 304-A, Indian Penal Code. Under Section 279, Indian Penal Code, he was sentenced to undergo rigorous imprisonment for three months and under Section 304-A, Indian Penal Code, he was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/-. On his failure to deposit the fine, he was directed to undergo simple imprisonment for one month. Both the substantive sentences of imprisonment were ordered to run concurrently.

(2.) THE petitioner was a driver of Haryana Roadways. On the day of occurrence at about 11.25 A.M., Haryana Roadways bus No. HR-07A-1586, being driven by the petitioner in a rash and negligent manner, hit against Gurdial Singh deceased, while he was riding a scooter, when he started to cross the traffic lights near Zirakpur. He was seriously injured. He was taken to the P.G.I., where he succumbed to his injuries.

(3.) THE prosecution examined Joga Singh (P.W.3) and Punit Singh (P.W.4) as the eye-witnesses of the occurrence, besides the formal official witnesses. The learned trial Magistrate convicted and sentenced the petitioner in the manner indicated above. The appeal filed by the petitioner in order to impugn the judgment and order passed by the learned trial Magistrate, was dismissed by the learned Additional Sessions Judge. Hence the revision petition.