MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Mohinder son of Dalip Singh was tried by the Court of Judicial Magistrate Ist Class, Patiala. The trial Court found petitioner guilty of offence under Sections 279 and 304-A IPC. The trial Court sentenced the petitioner to undergo rigorous imprisonment for one year and to pay a fine of Rs.500/- for offence under Section 304-A IPC. In default of payment of fine, to further undergo rigorous imprisonment for three months. The petitioner was also sentenced under Section 279 IPC to undergo rigorous imprisonment for three months and to pay a fine of Rs.250/-. In default of payment of fine to further undergo rigorous imprisonment for 15 days. Both these sentences were ordered to run concurrent.

(2.) Aggrieved against the same, petitioner had filed an appeal. The same was dismissed by the Court of Additional Sessions Judge, Patiala. The conviction was upheld and sentence was maintained. Petitioner was named as accused in case FIR No. 98 dated 20.3.1997 registered at Police Station Sadar, Patiala, under Sections 279 and 304-A IPC.

(3.) On 20.3.1997 at 11.00 A.M. in Rajindra Hospital, Patiala, Kishori Lal had made his statement Ex.PD to Rakesh Kumar, Sub Inspector, who was posted as Incharge of Police Post Bahadurgarh. Kishori Lal stated that he was resident of village Jansua, falling within jurisdiction of Police Station Sadar, Rajpura, and was engaged in labour work. He along with his nephew Kalu Ram, brother-in- law Mehar Chand was going to Rajindra Hospital, Patiala, for medical check up. They were travelling in three wheeler bearing registration No. PIJ 5452. Kalu Ram was driving the three wheeler. When they reached near G.T. Road, Rajpura, in the revenue estate of village Chamarheri Mithu Majra, at about 9.30 A.M., from the Patiala side one bus bearing registration No. PB-11-E-9583 belonging to PRTC came at a very high speed and collided with three wheeler. The complainant and Subhash Kumar fell on the ground, out of the three wheeler and found that Mehar Chand had died at the spot. Kalu Ram was seriously injured. He was brought to Rajindra Hospital, Patiala. Name of the driver of offending bus later learnt was Mohinder Singh son of Dalip Singh. Kalu Ram, who was got admitted at Rajindra Hospital for medical treatment, after some time also expired. It was stated that the accident had taken place due to rash and negligent driving of Mohinder Singh who was driving bus No. PB-11-E- 9583.