GURDEEP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) NO one is present on behalf of revisionist even in the revised call. Learned A.G.A. is present. Heard learned A.G.A.

(2.) THIS revision has been preferred against the order dated 02.11.1988 passed by IIIrd Additional Sessions Judge, Pilibhit in Criminal Appeal No. 62 of 1987, whereby he allowed the appeal, partly. The conviction of the accused under Section 338 I.P.C. was set aside and in its place the accused was convicted under Section 337 I.P.C. for three months simple imprisonment. The conviction under Section 304 -A I.P.C. was upheld but the sentence was modified from one year simple imprisonment to six months simple imprisonment and the conviction under Section 279 I.P.C. was upheld.

(3.) THE prosecution case is that on 25.04.1985 in the afternoon Sundar Singh Rawat, Clerk, Kissan Sahkari Chini Mill Ltd., Sitarganj along with Md. Asif Ali Naqwi, Librarian, Methai Lal, Cleaner, Harishchandra Upadhyay and Aslam Parvez are going from Sitarganj to Bareilly by canvassing vehicle No. UTT/9748 of the Sugar Cane Commissioner, Uttar Pradesh, Lucknow. This vehicle was being driven by Sri Md. Hasan Raza and at about 02:45 P.M. when all these people reached near village Dabka Gautiya, then this vehicle was stopped by road side because one bus bearing no. USI/1973 was coming from the opposite direction being driven in rash and negligent manner and the aforesaid bus bearing no. USI/1973 hit the standing canvassing vehicle due to which the canvassing vehicle was dragged by the offending vehicle for a quite some distance, thereafter, both the rear wheels of the canvassing vehicle were separated from the bus and were also separated from the canvassing vehicle. The canvassing vehicle were damaged and fell into a pit, due to which Sundar Singh Rawat, Md. Asif Naqwi, Methai Lal, Harishchandra Upadhyay, Aslam Parvez and driver Md. Hasan Raza sustained injuries. The bus was carrying a procession Baraat which was being driven by Gurdeep Singh. After accident the driver and the passengers of the bus fled away. Sundar Singh Rawat knew the driver from before. Sundar Singh and others stopped a scooter driver and through him sent information of this accident to the office of the Sugar Mill, Sitarganj on which the Senior Development Officer of the Sugar Cane Department and an Accountant reached the spot by car and took all the injured to Primary Health Centre, Amaria. Being badly injured, Md. Asif Naqwi had died before reaching the Primary Health Centre, Amaria. After necessary treatment all other injured were discharged from the hospital. The written report of this incident was lodged by Sundar Singh Rawat on 25.04.1985 at Amariya Police Station which was registered as Crime No. 41, under Sections 279, 338 and 304A I.P.C against accused Gurdeep.