(1.) This revision is directed against the judgment dated 21.11.2002 passed by the court of learned Additional Sessions Judge, Patiala whereby he dismissed the appeal filed by Tara Chand accused reducing sentence under Section 304-A of the Indian Penal Code by six months while maintaining the sentence awarded under other Sections by the court of learned Sub Divisional Judicial Magistrate, Rajpura who vide his judgment/order of sentence dated 24.9.2001 had convicted and sentenced the accused to undergo rigorous imprisonment for two years and to pay a fine of Rs. 3000/- under Section 304-A of the Indian Penal Code and in default of payment of fine to further undergo rigorous imprisonment for 6 months and also sentenced him to undergo rigorous imprisonment for 1 year and to pay a fine of Rs. 1000/- under Section 338 of the Indian Penal Code and in default of payment of fine to further undergo rigorous imprisonment for 3 months and also sentenced him to undergo rigorous imprisonment for 6 months and to pay a fine of Rs. 500/- under Section 337 of the Indian Penal Code and in default of payment of fine to further undergo rigorous imprisonment for 1 month and further sentenced him to undergo rigorous imprisonment for 6 months under Section 279 of the Indian Penal Code with a further direction that the substantiative sentences shall run concurrently.
(2.) The facts in brief are that on 5.3.1994 Joginder Paul Grover made statement before ASI Nirmal Singh in the terms that on that day at about 3/3.15 A.M. he alongwith his wife Sushma Grover was travelling in Maruti van bearing registration No. HR-13-0138 being driven by Mukhtiar Mohmad from Delhi towards Goraya. When they were about 1 km short of Octroi post, meanwhile a truck bearing registration No. JKU-2465 being driven by Tara Chand accused in a rash and negligent manner came on high speed and struck against their Maruti van. These vehicles had head on collision. He, his wife and driver Mukhtiar Mohmad sustained injuries. Later on, his wife as well as Mukhtiar Mohmad succumbed to the injuries. On the basis of this statement, the case was registered. The accused was arrested. After completion of investigation the charge-sheet was laid in the court of learned Ilaqa Magistrate for trial of the accused.
(3.) The accused was charged under Sections 304-A/337/338/279 of the Indian Penal Code to which he did not plead guilty and claimed trial. After examining as many as six witnesses, the prosecution closed its evidence.