RAJINDERSINGH Vs. STATE

JUDGEMENT

(1.) The facts giving rise to this petition are that on 16.1.77,at about 9.30 p.m. a military truck bearing No. T 730 14082E came fromthe side of Tilak Bridge and was proceeding towards India Gate. When it hadcrossed three-fourth of the crossing at Bhagwan Dass Marg and Tilak Marg,a mini bus No DIP 6200, which was being driven by the present petitionerRajinder Singh came at a very fast speed from Mathura Road on BhagwanDass Marg crossing and struck against the military truck with the result thatthe truck turned turtle by falling at a distance of 23 paces from the place ofimpact. The petitioner could manage and control the mini bus with greatdifficulty and could stop it only at a distance of 66 paces by turning towardsleft side of the road at Tilak marg and received some injuries.

(2.) As a result of this accident five passengers travelling in the truckdied and 17 persons received injuries, out of whom injury on Panna Lal wasfound to be grievous in nature.

(3.) The petitioner was challanged and sent for trial under Section304A Indian Penal Code as well as under Sections 337/333/27) IPC. After appreciatingthe evidence and law, both the Courts below found the petitioner guiltyof an offence punishable under Sestion 304A Indian Penal Code as well as undersections337/338/279 IPC.