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Criminal Revision No. 4 of 1973, decided on 11th May, 1983.

--S. 304-A-Sentence, reduction in-Accident taking place due to negligence of petitioner-driver as well as that of another truck -driver, resulting in death of one person and injuries to several others-Lights of truck-driver by other driver other than petitioner, not on at time of collision and his truck also seen swaying from left to right-Petitioner's sentence reduced to one already undergone, in circumstances.

Fayyaz Hussain Qadri for Petitioner.

Ch. Muhammad Mansha for the State.

Date of hearing: 11th May, 1983.

This order will dispose of Criminal Revision Nos. 4/73 and 74 of 1973, as they arise out of an incident involving a charge under section 304-A, of P. P. C. as a result of an accident between two trucks coming from opposite directions.

2. The petitioners were tried by a learned Magistrate and sentenced to two years' R. I. and a fine of Rs. 3,000 each and in default of payment of fine further R. I., for one year, vide order, dated 29th June, 1970. There was an appeal which was dismissed by a learned Additional Sessions Judge, Gujranwala vide order, dated 3rd January, 1973.

3. As a result of the accident which took place near a bridge one person died and several received injuries. The petitioners in each case were drivers of their respective trucks. In so far as Fateh Muhammad petitioner is concerned, he is reported to have died three years ago as per the report from the Assistant Commissioner, Sadar Sub-Division, Gujran wala. His petition, therefore, has been rendered infructuous.

4. Insofar as Sardar Hussain accused is concerned, a perusal of the judgment of the trial Court as well as of the learned Additional Sessions Judge would show that the lights of the truck of Fateh Muhammad were not on. It is also in evidence that the truck of Fateh Muhammad accused was coming from the front side and was swaying from left to right and it appeared that Fateh Muhammad driver was a sleep. This aspect of the matter having not been disbelieved by the learned Additional Sessions, Judge, I think the necessary benefit should be extended to the accused -petitioner at least to the extent of awarding a punishment in distinction to Fateh Muhammad.

I would accordingly reduce the sentence of imprisonment of Sardar Hussain accused-petitioner to one already undergone. Both the revision petitions stand disposed of.

S. G. D. Sentence reduced.

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