Law:

Section:

Penal Code (XLV of 1860)----Ss.304-A & 279--Constitution of Pakistan (1973), Art.185(3)-Rash and negligent driving--Both Courts below finding that the petitioner had been driving rashly and negligently at a high speed held him liable for the offence--High Court while awarding sentence observed that already a lenient view had been taken but directed that the sentences on two charges should run concurrently--No interference was called for in circumstances. ORDER JAVID IQBAL, J.--This petition for leave to appeal is directed against the judgment of the Lahore High Court, Multan Bench, dated 20th December, 1988 whereby the appeal of the petitioner was dismissed, and his convictions under sections 304-A, P.P.C. and 279, P.P.C. as well as sentences were maintained with the direction that the sentences on the two charges would run concurrently. The petitioner was tried for charges under section 304-A/279, P.P.C. and the trial Court vide its judgment convicted him under section 304-A, P.P.C. and sentenced him to four years' R.I. plus fine. He was likewise convicted under section 279, P.P.C. and sentenced to two years' R.I. plus fine. The sentences were ordered to run consecutively. On his appeal the convictions and sentences were maintained with a direction as stated above. This is a case of rash and negligent driving. The deceased in the instant case is Muhammad Salim who was driving his motorcycle. The petitioner was driving a trolley. The occurrence took place on 6th October, 1986 at 8 a.m. within the area of Tehsil and District Muzaffargarh at Sent. Nala highway. The accident was witnessed by five P.Ws. According to the medical evidence the deceased received five injuries. The cause of death was head injuries. According to the prosecution version the deceased was crossing the Sem Nala bridge on motorcycle when the trolley being driven by petitioner coming from Muzaffargarh side, which was being rashly and…

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