SURINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was convicted under Section 304A, Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1000/- and, in default of payment, of fine, to undergo further rigorous imprisonment for 3 months, on 11-7-1986 by the Judicial Magistrate 1st Class, Dasuya, The appeal filed by the petitioner was dismissed on 10-9-1986 by the Additional Sessions Judge, Hoshiarpur, Hence, this revision petition.

(2.) BRIEFLY stated, the prosecution case is as follows:

(3.) IN his statement under Section 313 of the Code of Criminal Procedure, the petitioner admitted the accident and the fact that he was driving the bus at that time but he denied that he was driving the bus rashly or negligently. According to him, he was at a distance of only a few feet from Sariala turning when the scooter of the deceased Tarsem Lal came on the main road from the side of Sariala Link Road and it was being driven at such a rash speed that all of a sudden, it was in front of the bus. He further stated that he made every effort to save the scooter and even took the bus to the right side with the result that it struck against the shop of Wattan Singh PW-6. He attributed the entire negligence and fault to Tarsem Lal deceased. The petitioner examined Malkiat Singh, Conductor of the Bus, who also ascribed the fault to the scooter-driver.