SANTOKH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a revision petition against judgment dated 11.7.1991 of Additional Sessions Judge, Ropar vide which appeal filed by the present petitioner against judgment dated 7.9.1990 of Chief Judicial Magistrate, Ropar was dismissed. Vide that judgment of Chief Judicial Magistrate, Ropar petitioner was convicted under Section 304-A IPC and was sentenced to undergo RI for nine months and to pay fine of Rs. 500/-. In default of payment of fine to further undergo RI for one month.

(2.) PROSECUTION case against the present petitioner was that he was driving Bus bearing registration No. PBP 3699 in rash and negligent manner and came from the side of Nalagarh. He struck the same against the cycle driven by Gurnam Singh when he (Gurnam Singh) along with one Gurcharan Singh were returning ahead of SYL canal in the area of village Barampur. Gurnam Singh subsequently died. Petitioner was challaned for offence under Section 304-A IPC. He faced trial. He was accordingly convicted and sentenced as aforesaid.

(3.) IN this case maximum imprisonment awarded to the petitioner is nine months only. Petitioner remained in custody for about 15 days after his appeal was dismissed by the Court of Additional Sessions Judge, Ropar. It will not be proper to send him to jail at this stage. He had been the driver of P.R.T.C. The heirs of the deceased can still be compensated.