SUKHMANDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Feeling aggrieved against the impugned judgment dated 9.3.2012, passed by the learned Additional Sessions Judge, Faridkot, thereby dismissing the appeal of the petitioner against the judgment of conviction and order of sentence dated 21.2.2011, passed by the learned Judicial Magistrate Ist Class, Faridkot, petitioner has approached this Court by way of instant criminal revision petition.

(2.) The facts of the present case, when put into narrow compass, are that complainant Surinder Singh got his statement recorded on 4.6.2004, to the effect that he alongwith Manpreet Singh son of Darshan Singh, was proceeding from Jaitu Mandi to village Dal Singh Wala, on a scooter which was being driven by the complainant and Manpreet Singh was on the pillion seat thereof. Ahead of his scooter, his nephew Sukhpal Singh alongwith one Major Singh son of Bachan Singh, both residents of village Dal Singh Wala, were also going on a scooter bearing No.PB- 04/E-6506. The scooter was being driven by Sukhpal Singh, nephew of the complainant. It was further alleged that Sukhpal Singh was driving the scooter on his left side. It was about 1.10 p.m., a bus bearing No.PB- 13/H-0892 belonging to Transport Company, Rajgarh, came from the opposite side. The bus collided with the scooter, which was being driven by Sukhpal Singh. As a result, both the driver and the pillion rider of the scooter fell down. Scooter got entangled with front bumper of the bus. After dragging the scooter uptil 10-15 karams, the bus came to a halt.

(3.) The complainant also stopped his scooter. He went near Sukhpal Singh and Major Singh. Driver of the bus also met them and he disclosed his name as Mandar Singh of village Lambhwali, Police Station Jaito. Sukhpal Singh and Major Singh breathed their last at the spot in the presence of the complainant. When the complainant along with his copassenger was taking care of dead bodies of the deceased, the driver of the bus fled away from the scene of occurrence. The complainant attributed negligence and carelessness on the part of Mandar Singh. He alleged that cause of accident resulting into loss of two precious human lives was the negligent driving of the driver of the bus. On the basis of this statement, intimation memo was sent to the police station, which culminated into registration of the FIR against the accused. Investigation was carried out. After completion of the investigation, report under Section 173 Cr. P.C. was presented to the learned court of competent jurisdiction.