HARDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 30.3.1994 passed by Sessions Judge, Ropar, dismissing the appeal of the petitioner against the judgment of conviction dated 28.5.1993 passed by Chief Judicial Magistrate, Ropar, convicting him under Section 304-A of the Indian Penal Code (for short 'IPC') and sentencing him to undergo rigorous imprisonment for six months and to pay fine of Rs. 500/-.

(2.) ALLEGATIONS in nutshell are that on 14.3.1990 at about 3.00 p.m. Sher Singh, Lumberdar of village Khabran was having talk with Garja Singh of village Solkhian at the edge of his fields situated near Gurdwara Baba Deep Singh. In the meantime, Balbir Singh while driving the scooter No. CHS-2358 came from the side of Kurali. At the same time, the petitioner while driving bus No. PJG-1038 rashly and negligently came from the opposite side and struck against the scooter, causing the death of Balbir Singh and damaging the scooter badly. Assistant Sub-Inspector Sarwan Ram, Incharge Police Post Behrampur reached the spot, recorded the statement of Sher Singh Ex. PC, upon which First Information Report Ex. PW-6/A was registered. The dead body was sent for post-mortem examination. Rough site plan Ex. PW-8/B was prepared and photographs of the site of occurrence were taken. On 15.3.1990, the petitioner was arrested.

(3.) THE prosecution, in order to establish the charge examined Krishan Lal (PW-1), Kishori Lal (PW-2), Sher Singh (PW-3), Bhag Singh (PW-4) Garja Singh (PW-5), ASI Vasdev (PW-6), HC Sukhdev Singh (PW-7), Sub-Inspector Sarwan Ram (PW-8) and Dr. Jasbir Singh (PW-9).