BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision petition is directed against the orders of conviction and sentence of the petitioner by the courts below under Sections 304-A/279 of the Indian Penal Code. Under Section 304-A of the Indian Penal Code, the trial court had sentenced the petitioner to undergo rigorous imprisonment for two years and to pay a fine of Rs. 2,000/ -. In default of payment of fine, he was further ordered to undergo rigorous imprisonment for three months whereas under Section 279 of the Indian Penal Code, he was sentenced to undergo rigorous imprisonment for one month. Both the sentences of imprisonment were ordered to run concurrently. The appellate court reduced the sentence under Section 304-A of the Indian Penal Code to one year R. I. and to pay a fine of Rs. 1,000/ -. In default of payment of fine, he was further ordered to undergo R. I. for three months. The entire amount of fine of Rs. 1,000/- was directed to be paid to the heirs of the deceased.

(2.) IN brief, the facts relevant for the disposal of this case are that the accident took place on 19th of July, 1987 at about 1. 00 p. m. when Punjab Roadways bus No. PBM 6731 driven by the petitioner from Khamano side struck the deceased who was going on a cycle, from behind. The bus driver did not blow any horn and after the accident, Piara Singh deceased and his cycle were dragged by the bus upto a distance of 40/45 yards and as a result of said injuries, Piara Singh died at the spot.

(3.) COUNSEL for the parties were heard.