JUDGMENT

Mr Deepak Gupta, J.

In a criminal trial arising out of FIR No.85 dated 07.02.2008 registered at Police Station Sector 39, Chandigarh, petitioner Jaskaran Singh was convicted under Section s 279 and 304A IPC by the Court of ld. JMIC, Chandigarh in case bearing Police Challan Registration No.8878/2013 (CNR No.CHCH03-001467-2008) vide judgment dated 24.08.2017. Vide separate order of even date, petitioner was sentenced to undergo rigorous imprisonment for a period of 2 months under Section 279 IPC. He was further sentenced to undergo rigorous imprisonment for a period of 1 year besides payment of fine of Rs. 1000/- with default sentence under Section 304A IPC. Both the sentences were directed to run concurrently. Criminal Appeal No.574/2017 filed by the petitioner against the afore-said judgment of conviction & order of sentence was dismissed on 04.06.2019 by ld. Sessions Judge, Chandigarh, maintaining the conviction as well as sentence.

2. It is against the aforesaid concurrent conviction and sentence that petitioner has approached this Court by filing present revision petition.

3.(i) As per prosecution allegations, on 07.02.2008, information was received at Police Station Sector 39 Chandigarh regarding a road traffic accident at small chowk of Sector 39-40. SI Dalip Rattan reached the spot and was informed that two injured had been taken in police vehicle to the hospital. Head Constable Sukhchain produced the bus driver Jaskaran Singh (petitioner). The two vehicles involved in the accident i.e. Bus No.CH-01- G-5206 of CTU and motorcycle No.DL-3S-BA-0601 were taken into possession. Photographs of the spot were taken. After collecting necessary information, police reached the hospital, where both the injured namely Ankush son of Raj Kumar and Neetu d/o Gopi Chand were found to be unfit for making statement.

(ii) However, Constable Randeep Singh Rana approached SI Dalip Rattan and got recorded his statement, as per which on that day he was on duty in beat of Sector 40. He was proceeding towards rehri market Sector 40 and at about 10:40 AM, he was 20 yards behind the chowk, when a motorcycle on which a girl was a pillion, crossed him and was moving towards the chowk, when CTU bus coming from side of Shahpur chowk (road dividing Sector 39 and 40) being driven in rash and negligent manner, came and hit the motorcycle. Both the persons riding on the motorcycle fell down and sustained injuries and they were taken to the hospital in police vehicle. FIR was registered.

(iii) Injured Neetu succumbed to the injuries on 12.02.2008. Statements of witnesses were recorded. Necessary investigation was conducted and challan was presented in the Court.

(iv) The accused-petitioner (Jaskaran Singh) was charge-sheeted under Sections 279, 338 and 304A IPC by the Court, who pleaded not guilt to the charges and claimed trial. Prosecution led its evidence. Accused in his statement under Section 313 Cr.P.C. controverted the incriminating material appearing in the evidence against him and pleaded false implication. However, no defence was adduced by him. After hearing both the sides, conviction was recorded by the trial Court and the petitioner was sentenced, as per the details given earlier and his appeal was dismissed.

4.(i) It is contended by ld. counsel appearing for the petitioner that he does not dispute the factum of accident or the fact that accident was caused between CTU bus No.CH-01-G-5206 and motorcycle No.DL-3S- BA-0601; that the bus was being driven by the petitioner at the relevant time and that the accident resulted into the death of pillion rider of the motorc