LAWS(P&H)-2011-2-36

GOBIND SINGH Vs. STATE OF PUNJAB

Decided On February 23, 2011
GOBIND SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The petitioner/accused, Gobind Singh, was the driver on bus of New Akal Land and United Transport Company, bearing registration No.PB-10V-9777. The marriage of Jugraj Singh of village Malke was fixed for18.10.1999. Lachhman Singh complainant/injured (PW-1), Jita Singh (PW-2) and Jaswant Rai deceased were also members of the marriage party.These persons, along with 2/3 members of the marriage party, were proceeding to village Hans Kalan, District Ludhiana in the Jeep bearing registration No. DL-ICC-0418. At about 6 p.m. when they had covered some distance from Police Station Mehna towards Moga, the accused came driving the said bus at a fast speed and struck the same in their jeep, as a result of which the occupants thereof received injuries and Jaswant Rai succumbed to those injuries, while he was being removed to the hospital.On receiving the information about this accident, Santokh Singh, ASI (PW-2) went to Civil Hospital, Moga and at that place he recorded the statement of the complainant Ex. PA. After recording the police proceedings Ex.PA/1, he sent the same to the police station, on the basis of which formal FIR Ex. PC was registered against the accused under Sections 279, 304-A,337 and 427 IPC. The ASI prepared the inquest report Ex. PD in respect of the dead body of the deceased and sent the same for post- mortem, which was conducted by Dr. Vijay Kumar Goyal (PW-4), who found ante- mortem injuries on the same and gave his opinion that the cause of death was the injury to the vital organ/brain, which was sufficient to cause death in the ordinary course of nature. The bus and the jeep involved in the accident were impounded and the documents thereof were taken into possession.The same were mechanically tested on 19.10.1999 by Jaswant Singh, Mechanic (PW-3), who found those to be in mechanical order but found the dents on the front side thereof. About those tests, he gave reports Exs. PH and PJ. In the course of investigation, the accused was arrested and after completion of the investigation, challan was put in before the Judicial Magistrate Ist Class, Moga. The JMIC charged the accused for the offence sunder Sections 279, 304-A and 337 IPC, to which he pleaded not guilty and claimed trial.

(2.) The prosecution examined Lachhman Singh (PW-1), Santokh Singh ASI (PW-2), Jaswant Singh (PW-3), Dr. Vijay Kumar Goyal, (PW-4),Dr. V.J.S. Dhillon (PW-5) and Jeeta Singh (PW-6), for proving the guilt of the accused. After the evidence was concluded by the prosecution, the accused was examined by the trial court and his statement was recorded under Section 313 of the Code. All the incriminating circumstances appearing against him in the prosecution evidence were put to him in order to enable him to explain the same. He denied all those circumstances and pleaded his innocence and false implication. He was called upon to enter on his defence but he did not produce any evidence in his defence.

(3.) After going through the evidence, so produced and hearing Assistant Public Prosecutor for the State and the learned defence counsel for the accused, the JMIC convicted the accused of the aforesaid offence, and sentenced him as under:-