SHAM LAL Vs. STATE

JUDGEMENT

(1.) Guran Ditta died on account of the rash and negligent driving of the petitioner on 20-4-1974 as a consequence of which a case u/s 403-ARPC was registered at Police Station Bishnah and after its trial the petitioner was convicted under S.304-A RPC and sentenced to rigorous imprisonment for one year and to pay a fine of Rs. 1,000/- which on realisation was directed to be paid to the legal heirs of the deceased.

(2.) According to the prosecution the petitioner was the driver of bus No. JKN 9486 and was proceeding from Bishnah to Jammu when he caused the accident near Chuha Chak by his rash and negligent driving resulting in the death of the deceased. The prosecution produced Dooni Chand, Mansa Ram, Nika Ram, Sansar Chand, Nanak Chand, Chaman Lal, Youg Raj Sharma and Bishan Dutt in support of their case. No evidence was led in defence.

(3.) After his conviction the petitioner herein filed an appeal before the learned Sessions Judge, who vide the order impugned in this revision petition dismissed the same holding him guilty for the commission of the offence and finding the sentence adequate and in accordance with law. The present revision petition has been filed mainly on the ground of non-appreciation of evidence according to law particularly when there were allegedly contradictions in the depositions of the prosecution witnesses.