SWARN SINGH Vs. STATE

JUDGEMENT

(1.) Swarn Singh was convicted under Section 279/304A Indian Penal Code holding him guilty for having driven truck No.HRU 4937 in rash and negligent manner so as to endanger human life during night between 10th and llth June, 1986 and causing the death of Sri Bhagwan. He was sentenced to rigorous imprisonment for one year with a fine of Rs.3,000.00 or in default simple imprisonment and to rigorous imprisonment for three months under Section 279, Indian Penal Code with a further direction that both the substantive sentences shall run concurrently by Shri Balbir Singh, Metropolitan Magistrate, Delhi, vide judgement dated 2.12.1992 and order dated 16.12.1992.

(2.) Cr.A.No.1/93 was filed by Swarn Singh against his conviction and sentence which came up before Shri Dinesh Dayal, learned Additional Sessions Judge, Delhi and was dismissed on 3.9.93. Being not satisfied with the concurrent finding of the two courts Swam Singh has filed this revision petition.

(3.) Briefly stated, facts leading to the filing of the challan against the petitioner by SHO Police Station Alipur are that during the night between 10th and 11th June, 1986 DD No.30B was recorded in Police Station Alipur with regard to an accident of two trucks, Viz. HRU 4937 and HRS 9654, resulting in the death of a cleaner. Copy of this DD entry was given to ASI Ajit Singh who went to the spot and found Ashok Kumar, complainant; Swarn Singh, petitioner, when two trucks were also found parked, involved in an accident and dead body of Sri Bhagwan was also found at the spot. Statement of Ashok Kumar was recorded, who, inter alia stated that he was working as a driver on truck No.HRS 9654, which he was driving on G.T. Karnal Road near Najafgarh and when it became shaky the truck was parked by him on left side and engine was off. It was further stated by him that he alongwith the cleaner Sri Bhagwan was examining the engine of the truck and in the meantime truck No.HRU 4937 driven by Swarn Singh came from Delhi side and hit his truck, as a result of which his truck moved ahead, resulting in the death of cleaner Sri Bhagwan under his own truck. It was also claimed by him that this accident took place on account of rash and negligent driving of truck No.HRU 4937 by Shri Swarn Singh. ASI Ajit Singh made his endorsement on the statement of Ashok Kumar and sent the same to Police Station Alipur where FIR No. 150 was recorded. Statements of the witnesses were recorded and the two trucks were taken, into possession. The accused was arrested and dead body was sent for postmortem examination. Mechanical examination of the two vehicles was carried out by S.I. K.L. Kalra and it is in these circumstances that the challan was filed.