SWARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision has been directed against the order dated 21.3.1987, recorded by Sub Divisional Judicial Magistrate, Khanna, vide which the petitioner was convicted and sentenced to undergo rigorous imprisonment for three months under Section 279 of the Indian Penal Code. He has also been sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs. 2,000/- and in default of payment thereof, to undergo further rigorous imprisonment for a period of four months under Section 403-A of the Indian Penal Code. He has also been sentenced to undergo rigorous imprisonment for a period of three months under Section 337 of the Indian Penal Code. All the sentences were ordered to run concurrently. This order recorded by Sub Divisional Judicial Magistrate, Khanna, has since been confirmed by the learned Additional Sessions Judge, Ludhiana vide order dated 13.5.1998 in appeal preferred by the petitioner.

(2.) BRIEFLY put, it has been the prosecution case that on the intervening night of 16/17.2.1985, Tara Singh deceased, Noratam Singh, PW.1 and Jugraj Singh, PW.2 had gone from Ludhiana on jeep as Jugraj Singh had to go to his village Bija. At about 1.00 A.M. when they reached near the hotel of one Baldev Singh on the G.T. Road in the area of Kot Sekhon, Jugraj Singh, PW.2 got down from the jeep to go to his village Bija. After dropping Jugraj Singh at that place when the jeep was to start for Ludhiana, a Tanker was seen coming from opposite side. The jeep was being driven by Tara Singh deceased. The petitioner was driving the tanker at that time. He was driving it rashly and negligently in a zig zag manner. When the Tanker came near the jeep, the tanker's driver brought it on his right side and struck it with the front portion of the jeep as a result of which Tara Singh fell on the ground and was crushed under the tyres of the tanker and died at the spot and Narotam Singh, PW.1 received multiple injuries on his person.

(3.) WHEN examined under Section 313 Cr.P.C. the petitioner denied the allegation of the prosecution and pleaded innocence. He further took up the plea that on the day of accident, he was going from the side of Doraha with the Tanker and he was driving it and when he reached the place of accident, he stopped the tanker there on humanitarian grounds but he was falsely implicated in this case. He, however, led no evidence in defence.