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Criminal Revision No. 513 of 1971, heard on 30th April, 1985.

‑‑‑S. 304‑A‑‑Criminal Procedure Code (V of 1898), S. 439‑‑Accuse.i knocking down and holding deceased while driving his bus rashly and negligently‑‑Incident witnessed by a driver and a conductor of another bus and a shopkeeper at relevant Addah (at place of occurrence)‑ Prosecution case standing proved to hilt through evidence of said. eye‑witnesses‑‑Accused, held, was properly convicted in circumstances.

‑‑--‑S. 304‑A‑‑Criminal Procedure (V of 1898), S. 439‑‑Revision‑‑Name of counsel of accused appearing in cause list but said counsel not turning up on date of hearing‑‑Accused also not turning up despite issuance of registered notice to him‑‑Revision disposed of with assistance of State counsel in circumstances.

‑‑‑S. 304‑A‑‑Criminal Procedure Code (V of 1898), S. 439‑‑Sentence‑ Revision petition coming up for hearing after thirteen years‑‑Accused undergoing agony of protracted trial‑‑Accused also undergoing agony arising out of delay in disposal of revision petition and fear arising out of its apprehended dismissal, which was held, sufficient punishment by itself‑‑Sentence of six months reduced to one already undergone in circumstances.‑‑[Sentence].

Nemo for Petitioner.

Amjad Hussain Butt for A.‑G., for the State.

Date of hearing: 30th April, 1985.

This is a revision petition filed by Ghulam Shah, petitioner, against the judgment of an Additional Sessions Judge of Sheikhupura, dated 26‑5‑1971, dismissing his appeal. Earlier, a first class Magistrate of Sheikhupura, by his judgment, dated 31‑12‑1970, had convicted the petitioner under section 304‑A, P.P.C. and sentenced him to six months' R.I. with a fine of Rupees five hundred (Rs.500) or in default thereof to undergo further R.I. for six months.

2. The prosecution case briefly stated is that on 6‑4‑1970 at about 1 p.m. Ghulam Shah, accused, knocked down and killed deceased, Shaukat Ali when he was rashly and negligently driving his Bus No. 1870/LR on the Lyallpur‑Lahore road at Bus Addah Feroze Wattuan. The deceased was a conductor in Bus No. 7966/LR, which was standing at that time at the said Bus Addah, and was taking an old lady passenger across the road, when the accused came driving his bus at a very fast speed and‑ knocked him down. The accused did not blow any horn and then stopped the bus at some distance. The deceased died at the spot. The incident was witnessed by Rasul Khan P.W.4 and Bashir Ahmad P.W.3, the driver and conductor respectively of another Bus No.7966/LR, and Muhammad Jamil P.W.6, a shopkeeper at that Addah.

3. The name of Mr. Abid Ali Butter, Advocate for the petitioner appears in the cause list for today's date of hearing, but he has not turned up. A registered notice was also issued to Ghulam Shah, petitioner, for today's date of hearing, but he has not turned up. Mr. Amjad Hussain Butt, Advocate, appears for the State. With the assistance of the learned counsel for the State, I have perused the record. The prosecution case stands proved with the hilt through the evidence of Bashir Ahmad P.W.3, Rasool Khan P.W.4 and Muhammad Jamil P.W.6. The petitioner appears to have been properly convicted and sentenced under section 304‑A, P.P.C. This petition, which was admitted in 1971, has come up for hearing after almost thirteen years. The petitioner has undergone the agony of a protracted trial. He has also undergone the agony arising out of the delay in the disposal of this petition and the fear arising out of its apprehended dismissal, which is sufficient punishment. Taking all these circumstances into consideration, I would reduce the sentence of the petitioner to that already undergone.

4. For the foregoing reasons, while maintaining the conviction of Ghulam Shah, petitioner, under section 304‑A, P.P.C., I would reduce his sentence to that already undergone. The sentence of fine shall stand. The petitioner is on bail. The bail bond furnished by him shall stand cancelled, subject to the payment of fine. In case the fine is not paid, the petitioner shall undergo R.I. in lieu thereof.

H.A.K. Petition dismissed, sentence reduced.

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