GURDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The accused has preferred this revision petition. He was convicted under section 304-A of the Criminal Procedure Code and was sentenced to rigorous imprisonment for one year and a fine of Rs. 1000/- in default to further undergo R.1 for 3 months. The Additional Sessions Judge confirmed the judgment in appeal.

(2.) On 11-12-1983 at about 7.15 p.m. accused was driving ambulance and was proceeding from Patiala side to Nabha side. The deceased Gopi Chand THead Constable, Mtinshi of the said Police Station, was approaching on the motor-cycle. He was going from Nabha side to Patiala. Thus, both these vehicles were approaching each other from the opposite directions. There was a collision between the two vehicles. In the result, deceased sustained injuries and died at the spot. The prosecution case is that the accused by his rash driving, committed an offence under section 304-A of the Indian Penal Code.

(3.) The accused pleaded not guilty. He claimed that deceased Gopi Chand was driving motor-cycle under the influence of liquor and he rashly came from the wrong side, while overtaking the other vehicle. Thus, according to him accident took place because of rash driving by the deceased while he was under the influence of liquor.