SHER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Sher Singh-petitioner has filed the present revision petition against judgment/order dated 15.1.2008, passed by Sub Divisional Judicial Magistrate, Anandpur Sahib, by virtue of which he was convicted under Section 279 and 304-A of Indian Penal Code and was sentenced to undergo rigorous imprisonment for one year as well as against judgment dated 10.3.2011, passed by Additional Sessions Judge, Rupnagar, vide which the appeal filed by the petitioner was dismissed.

(2.) The facts necessary for the disposal of this revision petition are that on 13.3.2001, on receiving an information from the hospital regarding the admission of the injured Dharam Singh and Harmesh Singh, ASI Chanan Ram alongwith his co-officials went to the hospital and moved an application seeking opinion of the doctor regarding their fitness to make the statement. The doctor declared the injured unfit to make the statement. In the hospital he met Nachattar Singh son of Nasib Singh who got recorded the statement to the police to the effect that he is retired from the Army as Subedar and on that day (13.3.2001) he alongwith his wife and Dharma Singh son of Labhu Ram resident of village Samundran P.S. Garhshankar and Harmesh Singh son of Dhanpat Rai resident of village Molian, P.S. Garhshankar, Distt. Hoshiarpur on their respective scooters were going to village Mangewal for taking medicines. When they reached parallel to the school of village Mangewal, then it was about 10:30 A.M. Dharam Singh and Harmesh Singh were ahead of him and he was following them. When Dharam Singh turned his scooter towards village Mangewal, then from the side of Nangal a bus of Himachal Roadways bearing No. HP-28-0715 came without blowing horn and hit against the scooter of Dharam Singh. Due to the said impact Dharam Singh and Harmesh Singh fell from the scooter and then bus passed over the scooter. Many other persons gathered at the spot. They, after arranging a private vehicle had taken Dharma Singh and Harmesh Singh to Civil Hospital, Anandpur Sahib where they were under treatment. Bus driver after leaving the bus at the spot fled away from the spot. The present accident took place due to rash and negligent driving of bus driver. After recording the statement ruqa was sent to the police station, on the basis of which formal FIR was registered. Spot was inspected, rough site plan of the place of accident was prepared. The scene of accident was got photographed. Statements of the witnesses were recorded. Mechanical reports of the Bus and Scooter were obtained. Accused was arrested. Both the injured succumbed to their injuries. Inquest reports were prepared. On completion of necessary formalities of the investigation, accused was challaned under section 279, 304-A IPC and the challan was presented in the Court. The accused was charge sheeted under Sections 289 and 304-A of Indian Penal Code to which he did not plead guilty and claimed trial.

(3.) In support of its case prosecution examined seven witnesses and thereafter closed its evidence. Statement of accused under Section 313 of the Code of Criminal Procedure was recorded wherein he has denied all the allegations and pleaded his false implication. However, he did not lead any defence evidence. The learned trial Court after hearing both the parties convicted and sentenced the accused-petitioner as indicated above.