BHOLA DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) TRUCK No. PUC 4799 driven by Bhola Dass, appellant herein, rashly, negligently and carelessly on the wrong side of the road ran over Chand Singh on the bus stand, Dugal Khurd at about 3. 00 p. m. on 15th March, 1989. Kartar Singh, PW 1, Sat Pal, PW 2 and Sucha Singh, PW 3, had witnessed the occurrence. The appellant had run away leaving the truck at the spot. He was arrested, challaned, charged, tried and convicted under Section 304-A, Indian Penal Code, by the Sub-Divisional Judicial Magistrate, Samana, vide judgment dated 3. 5. 1991. After hearing learned counsel for the parties on the question of sentence, he sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 500/- or in default of payment of fine, to further undergo rigorous imprisonment for three months. Feeling aggrieved, the convict/appellant preferred an appeal before the Additional Sessions Judge, Patiala, who vide his judgment dated 10. 2. 1993 dismissed the appeal. This judgment has been impugned in this revision petition.

(2.) WHEN the case came up for preliminary hearing, notice regarding sentence only was issued.

(3.) I have heard learned counsel for the parlies and gone through the judgments of the courts below.