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Petition No. 3088 of 1978, decided on 6th July, 1978.
--- S. 304-A-Evidence, appreciation of-Deceased cycling 5 yards ahead of bus but accused stopping bus at a distance of about 20 yards after overrunning cyclist-Bus admittedly being quite slow, accident, held, could be averted, if accused applied brakes in time-Petitioner being negligent while driving bus interference with his conviction under S. 304-A, P. P. C. declined.
Z. H. Raja for Petitioner.
Rashid Aziz, A. A.-G. for Respondent. .
Date of hearing : 6th July, 1978.
A case under section 304-A, P. P. C. was registered against the petitioner on 28th of January, 1978 with the Police Station, Mozang, Lahore for negligently driving a bus and killing a young boy. He was tried and sentenced to six months' R. I. and to pay a fine of Rs. 5,000 or in default of its payment to undergo further R. I. for three months.
2. The necessary record of the case has been produced by the learned A. A.-G. which has been perused with the assistance of the learned counsel for the parties. P. W. 1. Khalid Mian is an independent and the only eye-witness of the occurrence. He was standing near the place of occurrence while his driver was changing the punctured tyre of his car he saw the deceased who was cycling falling down on the road as if he slipped due to slippery position of the road. It is admit ted on record that it had rained on that day. The bus in question which was driven by the petitioner over-ran the cyclist and stopped at a distance of about 20 yards from the place of occurrence. He has further stated in cross-examination that speed of the bus was slow and the deceased was hardly at a distance of 5 yards ahead of the bus, when he fell down. The driver did not apply the brakes in order to avoid the accident.
3. The remaining witnesses are not eye-witnesses. It is argued by the learned counsel on the basis of the statement of P. W. 1, that since the petitioner was driving the bus slowly and there was hardly a distance of 5 yards in-between the bus and the deceased therefore, when the deceased fell down on the road all of a sudden the Bus could not be stopped. I am afraid this Contention has no force- in the given circumstances. The Bus being quite slow as admitted by P. W. 1. the brakes thereof were not applied and if applied the accident could be averted. As such the petitioner was negligent while driving the bus.
4. I have carefully examined the record and find that there is sufficient material connecting petitioner with the offence. The conclusion arrived at by the Summary Military Court can be arrived at by any reason able and prudent man. The present petition is neither appeal nor revision. Under the law it is to be seen whether there is sufficient material connecting the accused person with the offence.
5. In view of the above discussion, there is no force in the petition which is hereby dismissed.
Writ petition dismissed.
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