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2002 Supreme(P&H) 1120

R.L.ANAND
State Of Punjab – Appellant
Versus
Tilak Raj – Respondent


Judgment

R.L.Anand, J.

1. This is a criminal revision and it has been directed against the judgment 29.4.1988 passed by the Court of Additional Sessions Judge, Ropar, who while maintaining the conviction of the respondent under Sections 279 and 304-A of the Indian Penal Code, set aside the order of punishment with the direction that respondent shall furnish bail bonds in the sum of Rs. 5,000/- with one surety of the like amount for the period of two years undertaking that he shall maintain peace and be of good behaviour and shall appear before the Magistrate to receive the sentence if he violates the terms of the bonds.

2. Some facts can be noticed in the following manner :-

3. Respondent Shri Tilak Raj was charged under Sections 279 and 304-A of the Indian Penal Code on the allegations that when he was driving Bus No. PAB-9033 on 20.5.1986, he allegedly caused accident in a rash and negligent manner as a result of which Hoshiar Singh passenger died. The story of the prosecution is that on 20.5.1986 the bus left Nangal at 7.45 P.M. for village Bhallari. When the bus reached the chowk of village Dayapur at 8.30 P.M. many passengers got down from the bus. Hoshiar Singh was also one of




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