MANOHAR LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was prosecuted under sections 304- A/279/336/427 of the Indian Penal Code, for causing the death by rash and negligent driving of Truck No. HPK 9059 which struck into the scooter of Rajesh Kumar bearing Registration No. JK-08-1986 as a result of which, Jyoti and Baby Guddi who were pillion rider on the scooter died on the spot whereas Rajesh Kumar received injuries. Petitioner was convicted and sentenced to undergo R.I. for a period of 1-1/2 years and to pay a find of Rs. 1000/-, in default of payment of fine, he shall undergo R.I. for 15 days under section 304-A IPC by Judicial Magistrate Ist Class, Pathankot vide order dated 20.2.2002.

(2.) THE petitioner filed an appeal before the learned Additional Sessions Judge, Gurdaspur which was dismissed on 15.9.2003. Aggrieved by the orders of the courts below, the present revision petition has been preferred.

(3.) SHRI B.S. Sewak, DAG, Punjab opposed the prayer on the ground that the accidents are increasing day by day, therefore, the persons who are involved in accident cases should not be released on probation.