- (1.) S. I. Jafri, J. Balbir has filed this revision against his conviction under Sections 279 and 304-A, I. P. C. and sentence of 6 months' R. I. andl-1/2 years' R. I. under the aforesaid sections of the Penal Code respectively recorded in Criminal Appeal No. 44 of 1989 passed by Sri N. S. Gupta, Sessions Judge, Bulandshahr while dismissing his appeal arising out of judgment and order dated 19-6-1989 passed in Criminal Case No. 2378 of 1987 (Crime No. 813 of 1981) by Judicial Magistrate I Class Bulandshahr convicting the applicant under Sections 279 and 304-A, I. P. C. and sentencing him to undergo R. I. for a period of six months under Section 279,1. P. C. and 1-1/2 years R. I. under Section 304-A, I. P. C.
(2.) THIS revision was admitted on the question of sentence only by this Court on 17-1-1990. The case of the prosecution is that the applicant was working as a Driver of D. T C. Bus No. DHP 2883 on 17-11-1981. The case of the prosecution further is that on 17-11-1981 at about 4. 45 p. m. , the applicant was found driving the aforesaid bus in a negligent manner and while reaching the Bus Stand Bulandshahr he had nocked down Devi Dutt Gir who was standing at the gate of U. P. S. R. T C. Bus Stand, Bulandshahr. The applicant drove his Bus from the gate of the Roadways in rash and negligent manner without blowing the horn resulting in injuries to the deceased who succumbed to his injuries on the spot. Constable Mulki Singh and Veer Pal Singh who were on duty at U. P. S. R. T. C. Bus Stand, Bulandshahr witnessed the occurrence. Immediately after the occurrence Mulki Singh (P. W 3) arrested the applicant and brought him to the P. S. Kotwali where he dictated the report of the occurrence at 5. 30 p. m. the same day. It was mentioned in the report that the applicant had caused the death of Ravi Dutt Gir on account of driving of the vehicle negligently and without blowing horn. On the basis of the aforesaid report chick report was prepared by Sri Niwas (P. W. 2) Head Constable of P. S. Kotwali and he also registered case against the applicant under Section 279/304-A, I. P. C. against the accused in the General Diary of the Police Station. The accused pleaded not guilty to the charge and stated that he was falsely implicated in the case due to enmity. However, he did not adduce any evidence in his defence.
(3.) THE investigation of the case was entrusted to Bhagwan Singh (P. W 6) who after investigation submitted the charge-sheet against the accused. In support of the prosecution as many as six witnesses were examined and out of them Mulki Singh (P. W. 3), Veer Pal Singh (P. W. 4) were examined as eye-witnesses of the occurrence.;