Law:

Section:

Penal Code (XLV of 1960), S. 304-A-Rash and negligent driving-Person driving car at very fast speed losing control of car and dashing against a woman carrying infant to her arms and thereby s killing child-Held, conviction under S. 304-A proper. Muhammad Siddiq v. The State P L, D 1958. Kar. 445 distinguished. Muhammad Hayat Junejo, Advocate Supreme Court instructed by S. M. Hanif, Advocate-on-Record for Petitioner. Nemo for the State. Date of hearing : 16th August 1971. ORDER WAHEEDUDDIN AHMAD, J.---The petitioner was tried in the Court of Mr. Amjad Ali, Magistrate First Class, Karachi, under sections 304-A and 338, P. P. C. The learned Magistrate con­victed him under the above provisions of law and sentenced him to suffer R. 1. for two years and a fine of Rs. 500 or in default to undergo R. I. for six months and R. I. for one year and a fine of Rs. 500 or in default to undergo R. 1. for six months respectively, by judgment dated the 3rd April 1967. The petitioner challenged this order in appeal before the Sessions Court. His conviction and sentence were, however, upheld by judgment dated the 27th February 1968, by the Additional Sessions Judge, Karachi. The matter was then taken in revision and a learned Single Judge of the High Court of Sind and Baluchistan, Karachi, set aside the conviction .of the petitioner under section 338, P. P. C. but maintained the conviction and sentence under section 304-A, P. P. C., by judgment dated the 11th March 1971. The petitioner seeks permission to file an appeal against the said order. The prosecution story is that on the 15th February 1965, the petitioner was driving Car No. KA-7759. Abdul Hamid witness was sitting on the front seat. The car was coming from the Malir side. When it reached near Kala Chapra bus stop, three women were crossing the road ; one was carrying a child. It is alleged that the petitioner was driving the carat a very fast speed. He was unable to control it as a result of which the car dashed against the woman who was carrying a child. The woman and the child fell down at some distance. They were injured. They were taken by the constable. in the same car to the Airport Police Station. The woman and…

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