GURDEV SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) AROUND 9.30 P.M. on 27th October, 1980 motor -cycle No. UST 9837 was being driven by Sukhvindcr Singh (now deceased) from Delhi to Faridabad and private bus No. DEP 2868 was being by accused Gurdev Singh from Faridabud to pellii. The two vehicles came across each other from opposite directions at the Badkhal Lake Crossing on Mathura Road and had an impact. It is stated by the two eye -witnesses in Narain Singh P.W 1 and Mudan Pal P.W. 7 that at the relevant time accused Gurdev Singh was driving his bus rashly, negligently and at an excessive speed without blowing any horn or using the dipper and the bus could come, to a slop, gradually at some distance from the place of occurrence after the impact and that the motor -cyclist fell down on the road from his motor cycle on the bus driven by the accused slacking it and died instantaneously.

(2.) VIDE its impugned judgment dated 23rd April 1985 learned trial Court of Judicial Magistrate 1st Class, Faridabad, convicted accused Gurdcv Singh of the commission of offences under sections 279, 304A and 427 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of 3 months and to pay Rs. 200/ - as fine for his conviction under Section 279, of the Indian Penal Code. In default of payment of line, the accused was ordered to undergo rigorous imprisonment for a further period of 20 days. Learned trial Court awarded to the accused petitioner rigorous imprisonment for a period of one year and fined him Rs. 1000/ - for his conviction under Section 304A of the Indian Penal Code. In default of payment of fine the accused was ordered to undergo rigorous imprisonment for a further period of two months. In respect of his conviction under Section 427 of the Indian Penal Code, the accused was sentenced to undergo rigorous imprisonment for a period of one year and fined Rs. 200/ -. In do fault of payment of fine the accused was ordered to undergo rigorous imprisonment for a further period of 20 days. Substantive sentences of imprisonment awarded to the accused on all these counts were, however, ordered to run concurrently. Fine of Rs. 1400/ - imposed on accused on all the three counts was ordered to be paid to the legal representatives of the deceased on realisation.

(3.) I have heard Shri Mahcsh Grovcr, Advocate, for the petitioner, Shri R.K. Singla, Advocate, for the State and have carefully gone through the entire record of proceedings before the learned two courts below.