GURNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner, a bus driver, was tried and convicted under Sec. 304-A of the Indian Penal Code for causing the death of Dalbir Singh due to rash and negligent driving of bus No. PUO 5585 and was sentenced to undergo rigorous imprisonment for 9 months and to pay a fine of Rs. 1000.00 vide order of Judicial Magistrate 1st Class, Amritsar dated 5.6.1992. In default of payment of fine the petitioner was ordered to undergo further rigorous imprisonment for three months. The fine of Rs. 1000.00 was ordered to be paid to the complainant. The appeal filed against the aforesaid order of conviction and sentence was dismissed vide order of Additional Sessions Judge, Amritsar dated 1.9.1993. Aggrieved against the orders of the Courts below, the petitioner has filed the present revision petition, in which notice was only issued qua sentence of imprisonment to be awarded to the petitioner.

(2.) In brief facts relevant for the disposal of this petition are that on 6th of July, 1985, the petitioner was driving bus No. PUO 5585 on hire and was taking the marriage party of Dalbir Singh towards village Man Khara. As the bus driven by the present petitioner reached near village Nangal Panuan, the bus driver tried to overtake a car going ahead of the said bus. The petitioner was driving his bus rashly and negligently. Meanwhile a tractor was coming from the opposite side. In order to avoid the collision with the tractor the petitioner suddenly applied brakes. The bus skid and went towards the left side of the road and struck against the eucalyptus tree. Dalbir Singh and few other received injuries. All the injured were removed to Civil Hospital, where Dalbir Singh died as a result of injuries received by him in the said accident. After completion of the investigation, the petitioner was challaned, tried and convicted and sentenced as stated earlier.

(3.) The learned Counsel for the parties were heard. On behalf of the petitioner, it was mainly contended that the petitioner, who is aged about 21/22 years is not a previous convict and that even according to the prosecution story had applied the brakes- all of a sudden and the bus skid and struck against a tree on his left hand side of the road. It was further submitted that in case the sentence passed against the petitioner by the Courts below is not set aside the petitioner would go to jail and he being the only bread winner of his family would lose the job as a bus driver.