Law:

Section:

(a) Penal Code (XLV of 1860)-S. 304-A - Death caused by negligence-Accused truck driver reversing truck rashly and crushing to death a boy of tender age Accused if at all had taken due care and caution accident could have been avoided-Accused appellant, held, rightly convicted but considering his having remained imprisoned eversince his conviction and having already undergone 9 months' imprisonment, sentence already under­gone sufficient to meet ends of justice-Sentence of imprisonment reduced to one already undergone in circumstance.--[Sentence]. (b) Criminal Procedure Code (V of 1898)- S. 439(1) (3) read with Ss. 32 & 34---Enhancement of sentence ­High Court can of course enhance sentence of a convicted person suo motu under S. 439(1) but in case of sentence passed by Magistrate acting otherwise than under S. 34 cannot inflict a higher sentence than one which might have been inflicted for such offence by a Magistrate of First Class-Magistrate, First Class being empowered to impose fine not exceeding Rs. 5,000, High Court, held, could not inflict a greater punishment or impose a higher fine than one which could have been imposed by trial Magistrate, limit whereof extended to Rs. 5,000 only.-­[Sentence]. ORDER ABLAM RIAZ HUSSAIN, J.-This order shall dispose of Criminal Petition Nos. 107 of 1982 and 108 of 1982, both filed by Shaukat Ali, after converting them into appeals. 2. The facts leading to the present appeals briefly are that at about 5 p.m. on 15-11-1976, the appellant was driving Truck No. RIB 4398. He drove the truck on the Rasulnagar Bund and turned towards Head Qaidabad, driving on the Bund. He had gone a short distance be reversed the truck rashly as a result of which Ashiq Hussain a young boy aged about 10 years was crushed and died of the injuries suffered by him. The boy's father Taj Din as well as Murad Ali and Muhammad Iqbal who were sitting nearby saw the occurrence. Taj Din lodged the F. I. R. (Exh. P. B.) on the same day which was recorded by Yousaf Ali Khan A. S. I., Police Station Alipur Chatta, District Gujranwala. He was cried by a Magistrate First Class, Wazirabad for offence under section 304-A, P. P. C. and was found guilty of…

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