A.S.NEHRA, J. - (1.) THE petitioner was convicted under Sections 304-A/337 IPC by the Judicial Magistrate 1st Class, Chandigarh and was sentenced to undergo R.I. for one year and to pay fine of Rs. 1000/- and in default of payment of fine, to further undergo R.I. for three months. The appeal filed by the petitioner was dismissed on 20-5-1986 by the Additional Sessions Judge, Chandigarh. Hence this revision :
(2.) THE facts of the case in brief are as under "On 21.2.1982, at about 12.00 noon, Anil Goel, PW-11 was going on his scooter No. HPA 1016 from Industrial Area to Grain Market to meet his relation Sushil Kumar. Ahead of him, Ranjit Singh, deceased was going on his cycle. Sapna, deceased was sitting on the carrier of the cycle. It is alleged that on the crossing, when the scooter was taking turn for going to the Grain Market, truck CHW 9801, being driven by the accused, came at fast speed from back. The truck hit the scooter. As a result of it, Anil Kumar Goel, PW-11 Fell down. The truck went out of control. It hit the cyclist going ahead and thereafter overturned. Both Ranjit Singh and Sapna died. The police reached the spot. The injured were taken to the hospital in a car. The statement Ex.PA of Anil Kumar Goel was recorded, on the basis of which formal FIR was recorded. It was alleged by the prosecution that the occurrence was witnessed by PW 3 Labh Singh and PW6 Rattan Singh." In support of its case, the prosecution, has examined Naurang Singh, PW1, Constable Hari Singh, PW2, Labh Singh, PW3, Ashok Kumar PW4, Dr. U.S. Bansal, PW5, Rattan Singh, PW6, Tek Chand, PW7, Constable Ram Gopal, PW 8. Constable Jagat Ram, PW 9, Ashok Kumar, PW 10, Anil Kumar Goya], PW11, Inspector Tirlok Singh Bedi, PW 12, and Dr. Inderjit Dewan, PW 13.
(3.) STATEMENT of the accused was recorded under Section 313 of the Criminal Procedure Code in which he denied the allegations of the prosecution in toto. He has admitted in his statement that his truck was taken into possession, by the police. He also stated that on that day, he was coming from the side of Tribune Chowk after getting his Vehicle, checked from the Traffic Staff at the speed of 30/35 K.M. per hour that when he reached near the light, a scooterist came in between the road and he tried to save him and such his truck turned turtle. He further stated that he did not have any knowledge whether the cyclist was involved in the accident;