VARINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Briefly stated, facts of the case as per the prosecution story are that criminal machinery in this case was set into motion by complainant Jaswant Singh son of Gajjan Singh, who on 22.10.2002 got his statement recorded with SI Kehar Singh (hereinafter referred to as the Investigating Officer/I.O.) from Police Station Kharar, wherein he stated that he was employed as driver with Ambala Bus Syndicate on bus bearing registration No.PB-12-E-9303; on that day, he was driving the said bus on route Rajpura to Ropar; there were several passengers travelling in the bus; Baldev Singh was on duty as conductor in the bus in question; at about 9:50 a.m., when the bus was about 200 yards short of Rinku Dhaba in the area of village Sante Majra and Baldev Singh, Conductor was issuing tickets to the passengers, a half body truck loaded with earth having registration No.CH-01-Z-4678 being driven in a rash and negligent manner and at a high speed came from the opposite side; since the truck was coming in a zig-zag manner, the complainant took the bus towards left side on the katcha portion of the road, however, the truck struck the bus on the right side injuring several passengers and causing damage to the bus; after hitting the bus, the truck had come to a standstill; the truck had also suffered considerable damage; after the accident the driver of the truck came down and gave his name as Varinder Singh son of Dev Lal of Chandigarh; while the complainant bus driver was taking care of the injured passengers, the truck driver slipped away; the complainant and Baldev Singh, Conductor stopped certain other vehicles and rushed the injured passengers to Civil Hospital, Kharar.

(2.) The Investigating Officer SI Kehar Singh appended his endorsement below such statement made by the complainant and sent ruqa to the police station, on the basis of which formal FIR was registered. The Investigating Officer called a Photographer to the spot, who took snaps of the scene of the accident. The accidental vehicles were taken into possession. The site plan of the place of accident was prepared. The driving licence of the complainant and registration certificate of the bus were taken into police possession. Statements of witnesses were recorded. During the course of investigating, the Investigating Officer got both the vehicles involved in the accident mechanically tested from a mechanic. Accused Varinder Singh was arrested in this case on 24.10.2002. His driving licence and registration certificate of the truck were also taken into possession. Injury reports of the injured persons were also taken into possession from Civil Hospital, Kharar. Offence under Section 338 IPC was added.

(3.) After completion of investigation and other formalities, challan against the accused was prepared and filed in the Court of Sub Divisional Judicial Magistrate, Kharar.