GHUMAND SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER was convicted under Section 279/304 of the Indian Penal Code and was sentenced to rigorous imprisonment for two years and to pay a fine of Rs. 5000/-. In default of payment of fine he was ordered to undergo rigorous imprisonment for six months by the Judicial Magistrate 1st Class, Moga, on 4th September, 1985.

(2.) THE appeal of the petitioner was allowed partly. His sentence was reduced to rigorous imprisonment for one year and a fine of Rs. 1000/-. In default of payment of fine he was further ordered to undergo rigorous imprisonment for three months by the Sessions Judge, Faridkot, on 16.7.1986. Hence, this revision petition.

(3.) THE bus driven by Ghuman Singh hit against the Motor Cycle. Subedar Shishpal (PW-4) was at a distance of 20 yards and was sitting by the side of the Camp. Mithu Singh (PW-6), was the sentry on duty on that day. As soon as R. Madani was hit by the bus he suffered injuries. After leaving Mithu Singh to watch the bus, and the motor-cycle, Subedar Shish Pal (PW4), took the injured to Civil Hospital, Jagroan, and got him admitted there, who succumed to his injuries at 10.30 a.m. the matter was reported to Jagraon Police. He was directed to report to Mehna. Subedar Shishpal (PW-4) made his statement Ex. PC. It was read over and explained to him. HC Kuldeep Singh (PW-8), made endst. Ex. PG/1. Earlier, he received intimation Ex. PB, from Civil Hospital, Jagraon. On the basis of above said, formal FIR Ex. PG/2 was recorded by LC Gurbachan Singh. HC Kuldip Singh (PW-8), proceeded to the hospital and prepared inquest report Ex. PF. He also took into possession the clothes vide memo Ex. PK. He proceeded to the spot and took into possession broken pieces of glass of the bus and parts of motor cycle vide memo Ex.PL. he also prepared rough site plan, Ex. PM. of the place of occurrence.