BAHADUR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been directed against the judgments passed by the Courts below, whereby the petitioner has been convicted and sentenced for commission of offence punishable under Sections 279 and 304-A of the Indian Penal Code (in short, 'IPC').

(2.) The facts, relevant for disposal of the present petition, are that Constable Gurnam Singh No. 592 made a statement that on 11.06.1995, he along with Nasib Singh, SPO was coming from Nanaksar to Jagraon on bicycle. When they reached near Kothe Baggu Jagraon, at about 2.45 p.m., Nasib Singh was going ahead of him on his bicycle. Bus bearing registration No. PB 04-B-9151 of Sewak Bus Service Transport Company Pvt. Limited came in a rash and negligent manner and struck against bicycle of Nasib Singh, who fell on the ground and sustained injuries on his head and forehead. The bus was driven by Bahadur Singh. The driver of the bus stopped the Bus at some distance. He with the assistance of driver and passengers, took Nasib Singh to Civil Hospital, Jagraon where he succumbed to his injuries. On the basis of statement of the complainant, formal FIR was registered in the Police Station. On completion of investigation, challan was presented in the Court for trial of the accused.

(3.) The learned trial Court, on finding a prima facie case, charged the petitioner for committing offence under Sections 279 and 304-A IPC, to which he pleaded not guilty and claimed trial.