SURINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been filed against judgment dated 13.11.2002, passed by learned Additional Sessions Judge, Bathinda, vide which it acquitted the present revision-petitioner under Section 279 Indian Penal Code (hereinafter to be referred as 'IPC') on the plea that no charge was framed by learned trial Court against the accused for the said offence and, however, appeal of present revision petitioner was dismissed qua his conviction for offences under Sections 337/304-A IPC and, however, the sentence awarded to him for offence under Section 304-A IPC was reduced from two years to one year and six months while maintaining the sentence under Section 337 IPC and sentence of fine, as imposed by learned trial Court, in appeal filed against judgment of conviction and order of sentence passed by learned trial Court dated 17.7.1998, vide which the present revision petitioner was convicted for offences under Sections 279 and 337 IPC and sentenced to undergo rigorous imprisonment for a period of six months each and further convicted for offence under Section 304-A IPC and sentenced to undergo rigorous imprisonment for a period of two years and to pay fine of Rs. 1000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of two months.

(2.) Briefly stated, the case of prosecution is that a Military vehicle called Jonga bearing registration No. 88F 2989-A was being driven by Lok Bahadur Thappa in the cantonment area of Bathinda, on 18.10.1993, whereas, Pws Jaswant Singh, Abdul Hamid and S.B. Gurang were sitting behind him. At about 6.15 a.m., deceased was in the process of crossing the Gurudwara chowk, when at the same time offending truck, i.e. Tata 407, bearing registration No. PIB 1999 came at a high speed from the side of shopping centre. The driver of the truck could not control the truck and hit the same in the Jonga being driven by deceased. Due to the collusion, the Jonga was turned turtle and driver of Jonga, i.e., Lok Bahadur Thappa succumbed to the injuries at the spot and other occupants of the Jonga also suffered injuries. On receipt of information of the accident, Gurdev Singh, ASI, visited the Military Hospital and recorded statement Ex. PA of PW Subedar D.B. Gurang as injured were unfit to make the statements. On the basis of said statement formal FIR Ex. PA/1 was registered. The Investigating Officer also visited the place of occurrence and prepared rough site plan of the same. He also prepared inquest report on dead body of Lok Bahadur Thappa and got the post mortem examination conducted on the dead body from Civil Hospital, Bathinda. He had also taken the vehicle involved in the accident in the police possession. Place of occurrence was got photographed after recording statement of witnesses and on completion of investigation report under Section 173 of the Code of Criminal Procedure (hereinafter to be referred as 'Cr.P.C.') was filed for trial of the accused for offences under Sections 279/337 and 304-A IPC.

(3.) Learned trial Court framed charges against the revision-petitioner accused for offences under Sections 304-A/337 IPC, to which he did not plead guilty and claimed trial.