BALRAJ SINGH @ JAGGI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Revision has been preferred by the revisionist, who is the driver of the Bus, bearing Registration No. UP27-5950, which had caused the accident. The bus was being driven from Pilibhit and the accident has occurred on 05.08.2002, near Gori Khera Tiraha, Village Amria, District Udham Singh Nagar.

(2.) The facts as involved in the case are that one Mr. Tarsem Singh had lodged an F.I.R., being Case Crime No.295/02, under Sections 279, 304-A and 427 IPC at Thana Sitarganj on 05.08.2002 to the effect that his brother Bariyam Singh, who was riding a Suzuki Max Motor Cycle, was travelling from Sitarganj. Along with him, one Mr. Trilochak Singh of village Pipliya Nathu, Police Station Sitarganj was also travelling as a pillion rider and were going to Village Jamgain. As soon as the motor cycle reached at Gori Khera Tiraha at about 5:30 p.m., a bus, which was coming from Amria, Pilibhit Road, bearing registration No. UP27-5950, which was driven by the revisionist, has met with the accident with the motor cycle causing death of Bariyam Singh on the spot.

(3.) Consequently, on the basis of the report submitted on 5.08.2002, which was submitted by Tarsem Singh, brother of the deceased Bariyam Singh, the proceedings by way of Criminal Case No. 1493 of 2008, State Vs. Balraj Singh, was initiated against the revisionist for the commission of offence under Sections 279, 304-A and 427 of the I.P.C. During the course of trial, the prosecution in support of their case, had produced complainant Tarsem Singh as PW1, pillion rider, Trilochak Singh, who was the eyewitness as PW2, Sub Inspector Rajvir Singh as PW4 and Dr. H.C. Bhatt, as PW5 and other witnesses were also adduced before the Trial Court.