' Manzoor Hussain petitioner was tried by a learned Magistrate at Okara for causing the death of Arshad Mahmood on 13-9-1988 at 9 a.m. Near Raipur on Gojera Road by rash and negligently driving Bus No,LEM-9923. On the conclusion of the trial, he was convicted by the trial Magistrate on 25-7-1992 under section 304-A, P.P.C. And sentenced to two years'. R.I. And a fine of Rs,5,000 or in default to further undergo one year's R.I. On appeal the learned Additional Sessions Judge, Okara, vide his judgment, dated 8-9-1992, maintained the conviction and substantive sentence of the petitioner but reduced the imprisonment in lieu of fine from one year's R.I. To six months' R.I.
Aggrieved by these findings, he invokes the revisional jurisdiction of this Court.
2. It is argued on behalf of the petitioner that in the F.I.R. Lodged by Sultan Ahmad, the father of the deceased, he had alleged rash and negligent driving by the petitioner at the time of mishap but during the trial, while appearing as a prosecution witness, he did not depose these facts. It is contended that the deceased and his father Sultan Ahmad complainant had to board the bus from the place of occurrence for Okara, and the petitioner driving the vehicle stopped there in the normal course and when the bus moved on, the deceased, who at that time was making water at a short distance ran towards the bus in order to catch it and while doing so his hands slipped as he fell down, as a result of which he died on the spot. According to the learned counsel, there was no negligence or rashness on the part of the petitioner and he was wrongly convicted and sentenced by the Courts below.
3. It is an admitted position that the occurrence took place on the roadside bus stand where a number of persons were waiting for boarding the bus bound for Okara. The deceased boy and his father Sultan complainant were also to go to that town by some bus. The ocular account of the incident reveals that the boy was hit by the front side of the vehicle and was run over by one of the front wheels. It could only happen if the bus being driven by the petitioner had not been stopped at the roadside bus stand for picking up and setting down passengers and it was moving at a sufficient speed, or it had paused for a while there and started moving towards Okara. In either case, the petitioner was seeing that the boy had come on the road in front of the vehicle and it was his duty to save him and had he not been negligent, he could easily save him. It was on account of his rash and negligent act that he hit the boy and crushed him under the front wheel and then he ran away after abandoning the vehicle. He was, therefore, rightly convicted and sentenced and his revision is dismissed.
4. Since he has been leniently dealt with by the Courts below in the matter of sentence, he shall not be given the benefits of section 382-B, Cr.P.C.