KASHMIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Convict Kashmir Singh has filed this revision petition assailing his conviction and sentence recorded by both the courts below. According to the prosecution version, the petitioner, by rashly and negligently driving bus No. PB-06/1341, hit the bus against a stationary motorcycle and tractor trolley and then hit the deceased scooterist resulting in his death. The petitioner stands convicted under Section 304-A IPC and has been sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.500/-.

(2.) I have heard counsel for the petitioner and perused the case file.

(3.) The prosecution case has been supported by two eye-witnesses including the complainant. The very fact that the bus hit the stationary motorcycle and tractor trolley and then hit the scooterist is sufficient to hold that the bus was being driven rashly and negligently. There is also direct ocular evidence to this effect by the two eye-witnesses. Principle of res ipsa loquitur is also attracted. There is no defence evidence from the side of the petitioner, who was named in the FIR itself as driver of the offending bus.