RATTAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a revision petition against the judgement dated 30.01.2003 passed by the Additional Sessions Judge, Ropar upholding the conviction and sentence awarded to the petitioner under Sections 279, 337 read Section 304-A of the Indian Penal Code vide judgement/order dated 15.05.2002 passed by the Judicial Magistrate Ist Class, Anandpur Sahib.

(2.) AS per the facts as recorded by the Additional Sessions Judge that the case advanced by the prosecution are that on 11.0.199, one Lekh Ram son of Shanker Singh Rajpoot resident of Village Balorh, Police Station Boranj, District Hamirpur made a statement to the police that he is working as Teacher and on 11.08.1998 at about 10.30 am, he along with his daughter Veena Kumari were going to Chandigarh for her interview and they were travelling in Bus No. HP 20 0669. The Bus was being driven by Sohan Singh and it belonged to Una Bus Depot. He stated that he and his daughter Veena Kumari were sitting on his right hand and various other passengers were also travelling in the same bus. When the bus reached near Kalyanpur Pacca main road, leading from Ropar to Nangal, it was 12.45 pm. At that time, one truck bearing No. HIB 2713 came from the Kiratpur Sahib side which was being driven by a driver who had tied a parna on his head. The said truck was being driven in a very rash and negligent speed and it hit against the side back portion of the bus, as a result of which, the arm of Veena Kumari was cut and the same fell down on the road side. She suffered various injuries on her person and died on the spot in the bus itself. At a small distance, the truck driver stopped the truck and then he ran away from the spot leaving the truck there. Veena Kumari was taken to Civil Hospital, Anandpur Sahib, where the post mortem of the dead body was done. The complainant stated that the accident has taken place due to rash and negligent act of the truck driver. After recording his statement, the FIR was registered. The investigations were conducted, during which the accused was arrested, the truck and the bus were taken in custody, there mechanical tests were also got done, site plan was prepared, inquest report was also drawn, photographs of the site were taken, the post mortem report was obtained from Civil Hospital, Anandpur Sahib and after completion of the investigations, the challan was presented in the court for the trial of the accused.

(3.) AGGRIEVED with the aforesaid judgement/order of conviction and sentence passed by the trial Court, the petitioner filed an appeal before the Sessions Judge which was also dismissed. Hence, the present revision petition.