Taslim Ahmad vs State of Punjab

T.H.B. Chalapathi, J.

This Revision Petition is filed against the conviction and sentence imposed by the Courts below for an offence under Section 304A, Indian Penal Code.

According to the case of prosecution, the accusedpetitioner was driving a truck bearing No. URF9762 in a very rash and negligent manner which dashed against the cycle. In the said accident, Parsan Singh who was paddling the cycle, died at the spot while Santokh Singh who was sitting on the cycle escaped by jumping from the cycle, on seeing the truck coming at a high speed. The accident was witnessed by Jasbir Singh. On the statement of Santokh Singh, a criminal case under Section 304A, Indian Penal Code, was registered by the Police and after investigation, challan was filed and a charge was framed against the accused in the Court of Judicial Magistrate First Class, Kapurthala.

In order to prove its case, the prosecution examined eight witnesses and marked certain documents. On a consideration of the evidence on record, the learned Judicial Magistrate First Class, Kapurthala, convicted the accused under Section 304A, Indian Penal Code and sentenced him to undergo Rigorous Imprisonment for one year and to pay a fine of Rs. 500/.

Aggrieved by the said conviction and sentence imposed by the learned Magistrate, the accusedpetitioner preferred an appeal to the Sessions Judge, Kapurthala, being Criminal Appeal No. 110 of 1993. The learned Sessions Judge, after consideration of the evidence on record confirmed the conviction and sentence imposed on the accused by the learned Magistrate.

Aggrieved by the same, the petitioner preferred this Revision Petition.

There is no dispute that the accident took place on July 19, 1992, causing the death of one Parsan Singh. There is also no dispute that the accused was driving truck No. URF9762 which was involved in the accident. The evidence on record was that Parsan Singh and Santokh Singh were going on a cycle from Dialpur to Jarampur and the truck driven by the accused came behind them and dashed against the cycle. On seeing the truck coming at a high speed, Santokh Singh jumped from the cycle and Parsan Singh died at the spot. The evidence of Santokh Singh who has been examined as PW 6 and Jasbir Singh PW. 7 clearly shows that the accused drove the truck at a high speed and he did not blow any horn. Their evidence clearly shows that the accident took place as a result of rash and negligent driving of the truck by the accused. Therefore, I am of the opinion that both the Courts below rightly came to the conclusion that the accused was guilty of rash and negligent driving and he was rightly convicted and sentenced for an offence under Section 304A, Indian Penal Code. I do not therefore, find any ground to interfere with the same and accordingly the conviction is confirmed.

The offence took place on July 19, 1992. The accused was in custody for more than three months including pretrial detention. The learned counsel for the petitioner stated before me that the amount of fine has been paid. In the circumstances of the case, I am of the opinion that the sentence of imprisonment can be reduced to the period already undergone by him, while maintaining the sentence of fine.

Subject to the modification in the sentence, the aforementioned Revision Petition is dismissed.