STATE OF PUNJAB Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) ASI Gulzara Singh of police station, Talwara sent the following writing to S.H.O., Police State, Talwara, at 3.45 PM, on 15th of March, 1983, "Shrimanji, If is submitted that today, I the ASI along with Shri Mohinder Singh H.C., Bachan Singh C. No. 585, Milkha Singh C. No. 128 in the Govt. Jeep No. 8196, PNH driven by Shankar Lal was present near the office of Land Acquisition, Sector No. 2, Talwara in connection with the patrol duty, it was about 2.30 PM., a bus bearing registration No. 9969 PUH driven by Harbhajan Singh No. 40L, whose name was known later on belonging to Beas Project came on the read from the side of the Bazar at Talwara with high speed. The aforesaid Bus struck Kikar Singh Naib Tehsildar, office of Land Acquisition, Talwara who was going on a bicycle on the road, as a result of which Kikar Singh fell down. Immediately after falling down he received an injury on the head and blood started oozing out. When he was being brought to the hospital in the same bus, which caused the accident, he breathed his last on the way. Harbhajan Singh, driver aforesaid having driven the bus rashly and negligently, caused the death of Kikar Singh aforesaid. Hence he has committed an offence punishable under Section 304A of the Indian Penal Code. Therefore, this writing is being sent through Bechan Singh C. No. 585 to the Police Station for the registration of a case (FIR). After registering the Case (FIR), its number may be intimated. I am busy in the investigation." On its basis formal FIR No. 12 was registered against the accused in P.S. Talwara, at 4.00 P.M. on March 15, 1983.

(2.) ON being charged with the commission of the offence under Section 304A of the Indian Penal Code, the accused pleaded, 'not guilty' and claimed to be tried. Vide its impugned judgment dated February 23, 1985, learned trial court acquitted the accused. Feeling aggrieved there form the State of Punjab filed Criminal Appeal No. 372-DBA of 1985 in this Court.

(3.) IN the course of his statement under Section 313 Criminal Procedure Code, accused Harbhajan Singh stated, "I am innocent. I had taken the aforesaid bus from Transport Yard of Beas Dam Talwara which is situated at a distance of 200/250 yards from the place of occurrence and I had to take the labour to the Railway Station. On making stops at short distances on the way. I was picking up the labour and the question of high speed could not arise. It would be hardly 15 kilometers per hour and I was on my right (proper) side. I was playing horn also. There is a turn near the place of occurrence from where a passage leads to the office of Land Acquisition. Due to the turning I more reduced the speed and tried to play horn, When I was 3/4 yard behind the turning, a cyclist at once emerged on the main road with a fast speed from the side of the office of Land Acquisition. I at once applied the brakes of the bus but the cyclist carelessly struck his cycle with my bus and fell down. The bus was stopped there. At the time of the aforesaid occurrence excepting me and the passengers of the bus, no one else was present there. The witnesses in this case were also not present at the spot. I put the person in the same bus, took him to the hospital and informed my department. Taking the officials of my department with them, the police brought me in the Police Van to the Canal Hospital at Talwara at about 4.15 P.M. whereas the occurrence had taken place at 2.30 P.M. or 2.45 P.M. Later on a false case was foisted upon me at the instance of the relatives and the friends of the deceased by the police. The deceased wanted to cross the road." Conductor in the bus Prem Chand DW1 meticulously stood by the defence version divulged by the accused as aforesaid.