A.S.NEHRA, J. - (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: On 28-6-1985 there was marriage of Kamla, niece of Bishamber Ram PW-4 and, for that purpose, near relations like Bishamber Ram. Tirath Ram PW-10, Tarsem, Lal deceased etc. had gone to attend that marriage at Village Sariala near Dasuya. Tarsem Lal deceased was accompanied by his wife Parkasho deceased and their son Paramjit deceased, Bishamber Ram PW-4 was posted in the office of Punjab State Electricity Board as Cashier at Jalandhar Cantt. Tirath Ram PW-10, was posted as Accountant in the Punjab Roadways Hoshiarpur. Tarsem Lal deceased had come from village Bhogewal in Police Station Sadar, Jalandhar. Both Bishamber Ram PW-4 and Tirath Ram PW-10 became free from the marriage, earlier than the others, and both of them had come to the main Dasuya-Hoshiarpur Road and were standing on the turning of the road leading to village Sariala near the Octroi Post, and waiting for their other relations. At about 5.15 p.m. Tarsem Lal deceased came driving a scooter from the side of village Sariala. His wife Parkasho and his son Paramjit were riding behind him on the pillion. At the very moment when the scooter came on the main Hoshiarpur-Dasuya Road from the side of village Sariala, Bus No. PUH-6301 of Punjab Roadways Depot, Hoshiarpur driven by petitioner Surinder Singh, came with a rash speed and struck against the scooter of Tarsem Lal. The petitioner had not blown horn. The scooter was dragged by the bus and it then struck against a shop on its right side and, after demolishing the front side of that shop, a part of its body went well within the shop. All the persons, namely, Tarsem Lal. Parkasho and Paramjit suffered injuries. Parkasho, when brought to Aujla Clinic at Garhdiwala, breathed her last, while Tarsem Lal and Paramjit, after being administered first aid at Garhdiwala were removed to Civil Hospital, Dasuya, and, from there, they were referred to C.M.C., Ludhiana where Tarsem Lal died on 29-6-1985. His dead bodty was brought back to the Civil Hospital, Dasuya, for its post-mortem examination. Paramjit was referred from C.M.C., Ludhiana, to P.G.I, Chandigarh, where he died on 30-6-1985 and his dead body was brought to Civil Hospital, Dasuya, on 1-7-1985 for post-mortem examination. Doctor S.N. Tiwari PW-1 conducted post-mortem examination on the dead bodies of Parkasho, Tarsem Lal and Paramjit on 29-6-1985, 30-6-1985 and 1-7-1985 respectively. Surinder Singh petitioner, driver of the bus, also received injuries. He was also admitted in Civil Hospital, Dasuya, where be remained, according to the bed-head-ticket Exhibit PD, with multiple injuries till 10.7.1985. After the accident had occurred at about 5.15 p.m. on 28.6.1985, Sub Inspector Raghbir Singh reached the spot of the accident from Garhdhiwala where he recorded the statement of Bishamber Ram PW-4 about this occurrence. After completion of the investigation, the petitioner was challaned and sent up for trial. The prosecution, to prove its case, examined PW-1 Dr. S.N. Tiwari, PW-2 Gulshan Kumar PW-3 Gurmit Singh, PW-4 Bishamber Ram, PW-5 Mangal Singh, PW-6 Wattan Singh, PW-7 S.I, Rattan Singh, PW-9 S.I. Raghbir and PW-10 Tirath Ram. PW-2 Gulshan Kumar took photographs of the place of occurrence (Exhibits P-1 to P-5 being the positives and Exhibits P-6 to P-10 being the nagatives). PW-3 Gurmit Singh, Record Keeper of the Punjab Roadways, Hoshiarpur, proved that the petitioner was on duty on the said bus as a Driver on the day of occurrence at the relevant time. PW-7 S.I. Rattan recorded the formal FIR and partly investigated the case inasmuch as he prepared inquest report on the dead body of Tarsem Lal at C.M.C. Ludhiana. The other persons, who were cited by the prosecution as eye-witnesses, did not support the prosecution case and they are PW-5 Mangal Singh, a Tea-Stall holder near the place of occurrence, and PW-6 Wattan Singh who runs a hand-pump shop near that place. The plea taken by Wattan Singh PW was that he was not present at the spot but he came to know that, by this accident, a part of his shop was demolished and he suffered a loss of about thirty to thirty-five thousand rupees. Mangal Singh PW-5 deposed that he did not see the accident and came to know about it only when there was a loud noise of an explosion made by the bus ramming into the shop of Wattan Singh.
(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.;