MANJIT SINGH Vs. THE STATE

JUDGEMENT

(1.) THIS revision petition is directed against an order, dated 27th June, 1967, of the learned Sessions Judge, Patiala, by which be maintained the conviction of the Petitioner, under Section 338, Indian Penal Code, but reduced the sentence to 6 months' rigorous imprisonment and a fine of Rs. 500/ - .

(2.) IT arises out of the following facts:

(3.) I find a good deal of force in this contention. Indeed, the story vouchsafed by Karam Singh, DW, in the witness box, viz., that he had to bring his bus to an emergency stop to avoid running over a cyclist who suddenly appeared in front of his vehicle, has not been discounted by the Learned Counsel for the State. His only argument is that there was no evidence on record to show that the Petitioner applied brakes to his vehicle. According to him, circumstances suggest that he was negligent in closely following another bus driven by Karam Singh. It is argued that as a prudent driver, the Petitioner ought to have kept his vehicle at a safe distance from the vehicle running in front of him.