Nazir Hussain (21) a bus driver was Judicial Magistrate, Faisalabad (camp at Jar under section 304-A/429/338, P. P. C. On appellant and sentenced him to 5 years' R. I., 2 R. I. Respectively, with a fine of Rs, 10,000. To be paid as compensation to the legal heirs to the injured witness Muhammad Yaqoob. In appeal. Tried by Mr. Saadat Ali, anwala) for the offences 6-3-1983 he convicted the year's R. I. And one year's Half of the fine was ordered of the deceased and half The convict has come up.
2. In the afternoon at about 2 p.m. On 7-8-1982, Suleman and Shahamand were going to their village in a Tonga driven by Muhammad Yaqoob. As they reached near the Glaxy Hosiery Factory on Jaranwala, Lahore road, suddenly Bus No, 3711/LHB of Koh-i-Toor Company coming at a high speed from the side of Lahore collided with the tonga, killed Shahamand and the horse at the spot.
Suleman jumped out of the tonga. Yaqoob, the tonga drive? Suffered a fracture of his left arm and the right leg. Besides the injured, the accident was witnessed by P. W. 6 Nukra and Bhaga. The matter was reported to the police by Suleman. P. W. 9 Sardar Muhammad A. S. I., registered the case and after the necessary investigation, the accused was tried in due course who denied guilt and took up the plea that the fault lay with the tonga driver because the horse became out of control and came in the way. He led no evidence in defence.
3. A perusal of the record shows that the appellant was unrepresented throughout. Trial Court examined nine prosecution witnesses but not a single question was put to anyone of them. In an unrepresented case when an accused pleads not guilty, it is the duty of a trial Court to put questions to witnesses in order to ascertain the truth. It goes without saying that the Court should not assume the role of a defence counsel. A Nevertheless, in a case of this kind, Court questions should be put for the just decision of the case. In the instant case, a perusal of the site plan Exh. P.
W. 9/Owould show that the impact took place at point '1' which is located in the north much away from the metalled road. It appears that in all probability, the Reader put down exhibit mark on the site plan and put it aside because had it been marked by the Court itself, the location of the impact could not have escaped its notice. Be that as it may, the fact remains that had the trial Court glanced at the site plan, he could have asked the witnesses questions to explain the location of the accident. Since, there has not been proper adjudication. I, therefore, set aside the conviction and sentence of the appellant and remand the case for a trial afresh. Pending re-trial, Nazeer, accused is allowed bail in the sum of Rs, 10,000 (Rupees ten thousand) with two sureties each in the like amount to the satisfaction of A. C/Duty Magistrate, Jaranwala.
' The record be sent back to the District Magistrate for entrusting the case to any other Magistrate.