JAGJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been filed against judgment dated 03.05.2012 rendered by learned Additional Sessions Judge, Sri Muktsar Sahib dismissing appeal filed by present petitioner against judgment of conviction and order of sentence dated 22.12.2009 passed by learned Judicial Magistrate First Class, Muktsar in FIR no. 324 dated 22.11.2004, under Sections 279/337/336/338/304A IPC, registered at police station Sadar, Muktsar vide which he was held guilty for offences under Sections 279/304A/337 IPC and sentenced to undergo rigorous imprisonment for two years for commission of offence under Section 304A IPC and to pay fine of Rs. 1,000/- and in default of payment of fine to further undergo simple imprisonment for three months; to undergo rigorous imprisonment for six months for commission of offence under Section 279 IPC and to pay fine of Rs. 500/- and in default of payment of fine to further undergo simple imprisonment for one month; and to undergo imprisonment for six months for offence under Section 337 IPC and to pay fine of Rs. 500/- and in default of payment of fine to further undergo simple imprisonment for one month.

(2.) However, all the sentences were ordered to run concurrently. I have heard learned counsel for the parties and have gone through both the judgments rendered by learned courts below. Brief allegations are that, on 22.11.2004 at about 3.25 PM, students of Adesh Polytechnic, Mar Mallu, after finishing their classes, were standing in front of the college for going towards Muktsar. In the meantime, a bus of Orbit Transport Company bearing registration no. PB-30-B-1125 came from the side of Ferozepur. The bus was being driven by petitioner accused.

(3.) The students signaled the bus to stop. Students were in the process of boarding the bus however, petitioner-accused sped away the bus without allowing the students to board the bus. As a result of which students, namely, Deepak Sharma, Gurpreet Singh and Parminder Singh fell down. Passengers raised hue and cry and only thereafter, the bus was stopped by petitioner-accused. All the three students sustained injuries. They were admitted in Adesh Hospital, Muktsar. Later on Deepak Sharma and Gurpreet Singh succumbed to the injuries. After completion of investigation report under Section 173 Cr.P.C. was filed against petitioner-accused for his trial under Sections 279/304A/337/336/338 IPC. Learned trial court convicted and sentenced the petitioner-accused for offences under Sections 279/337/304A IPC as aforementioned. Appeal filed by petitioner-accused against the said judgment was also dismissed by learned Additional Sessions Judge, Sri Muktsar Sahib.