JASWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER has filed the present revision petition challenging judgment dated 25.11.2014, whereby the appeal preferred by the petitioner against the judgment dated 19.11.2012 passed by Additional Chief Judicial Magistrate, Faridkot, convicting the petitioner for the commission of offence under Sections 279, 304A and 427 IPC, has been dismissed.

(2.) THE trial Court, vide judgment dated 19.11.2012, has sentenced the petitioner as under: - -

(3.) LEARNED counsel for the petitioner has challenged the judgments of both the Courts below by raising various grounds, including that the prosecution has failed to prove that the petitioner was driving the bus in a rash and negligent manner. The prosecution has examined only one witness namely Hans Raj as PW1. He is an interested witness being the real brother of the deceased. The prosecution has not examined any other independent witness. Even PW -1 Hans Raj, in his statement, has nowhere stated that the driver of the bus was driving the bus in a rash and negligent manner at the time of alleged accident. He has only stated that the bus was being driven at a fast speed at the time of accident. Thus, it cannot be termed that in case the vehicle was on fast speed, it is rash and negligent driving of the driver. In support of his aforesaid contentions, he has relied upon a judgment of Hon'ble the Apex Court in the case of Mohanta Lal Saha v. State of West Bengal : 1968 ACJ 124 to state that: - -