JARNAIL SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) FACTS necessary for the disposal of this revision petition are that the petitioner was convicted under section 304-A, Indian Penal Code, by Judicial Magistrate Ist Class Muktsar and sentenced to rigorous imprisonment for one year and a fine of Rs. 150/-. In default of payment of fine he was further sentenced to three months rigorous imprisonment.

(2.) THE case of the prosecution was that on 29th August, 1986, the petitioner was driving truck No. PUC 8032. By rash and negligent driving of the truck he knocked down Gurmit Singh who was going on correct side of the road on bicycle. The accident was witnessed by Sampuran Singh who was going at a short distance from the deceased.

(3.) AT the motion hearing it was contended that the defence version deserved to be accepted and both the courts had fallen in error in rejecting the defence version. By order dated 15th May, 1989, the revision was admitted only with regard to the sentence with the observation that the prosecution relied upon the statement of Sampuran Singh PW who had lodged the FIR as an eye-witness and claimed that he knew Jarnail Singh, petitioner, who was driving the truck at the time of accident. There was not so much as even a suggestion of any enmity of Sampuran Singh against the petitioner. The question which has been argued is regarding the sentence.