BHUPINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order will dispose of Criminal Revision Nos. 79 of 1991 and 239 of 1991. Whereas the first criminal revision petition has been filed by the accused-petitioner assailing his conviction and sentence, the second has been filed by the complainant for enhancement of sentence awarded to the accused-petitioner. For the sake of brevity, facts are being taken from Criminal Revision No. 79 of 1991.

(2.) THIS revision petition has been directed against the judgment and order dated 10.5.1990 passed by the Additional Chief Judicial Magistrate, Hoshiarpur, whereby the petitioner was held guilty of an offence under Section 304-A IPC and was sentenced to undergo RI for a period of one year, as well as against the judgment dated 5.2.1991, passed by the learned Sessions Judge, Hoshiarpur, whereby the petitioner's appeal against the aforesaid judgment and order dated 10.5.1990 of his conviction and sentence, was dismissed. As per the prosecution case, on 6.7.1988 at about 6 or 6.30 p.m., Avtar Singh was standing on the berm of Mahilpur-Hoshiarpur road when his cousin Surjit Singh arrived from Village Jatpura on a bike. Said Surjit Singh was going towards village Chagran in order to purchase bread but he stopped for a while to talk to Avtar Singh. Both of them were positioned on the left hand side of the berm of the road when the petitioner came driving a mini bus No. PAB-5036 from the side of Chabbewal i.e. Mahilpur. The petitioner knocked down Surjit Singh causing multiple injuries. Avtar Singh's father Sarwan Singh also arrived there from this shop situated nearby and took Surjit Singh to hospital where he unfortunately succumbed to his injuries. A case was registered on the statement of Surjit Singh and the petitioner having been put to trial, has been held guilty of an offence under Section 304-A IPC and sentenced accordingly, as referred to above.

(3.) I have heard the learned counsel for the petitioner, the learned State counsel as well as learned counsel for the complainant and have gone through the record with their assistance.