MUKAND SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this revision petition is to the judgment and order dated 28.4.208 passed by the JMIC, Ludhiana and judgment dated 12.9.2011 passed by the Additional Sessions Judge, Ludhiana, whereby the petitioner has been convicted under Sections 279/304-A IPC and was ordered to undergo rigorous imprisonment for three months and to pay fine of Rs.200/- for having committed offence punishable under Section 279 IPC in default of payment of fine to undergo S.I. for one week and to undergo rigorous imprisonment for one year and to pay fine of Rs.500/- for having committed offence punishable under Section 304-A IPC in default of payment of fine to undergo S.I. for 15 days. Brief facts of the case are that on 4.12.2009 Jagmohan Singh son of Hardial Singh, resident of village Khera, suffered a statement before SI Sukhdev Singh to the effect that he along with his father Hardial Singh had left for Government College, Rara Sahib, for distributing the wedding cards of marriage of his sister and they had parked their scooter at Bus Stand, Ahmedgarh, and left for Rara Sahib by bus. When the bus stopped at Government College Rara Sahib, he alighted down from the bus through front door and when his father tried to alight down, the driver of the bus before blowing the whistle by the conductor, ran the bus in a speed and the rear tyres of the bus ran over the legs of his father. He noted down the number of the bus as PB-11C-9731 and the said bus belonged to Amloh Transport Pvt. Company and he came to know the name of driver as Mukand Singh. By arranging a vehicle, he removed his father to Civil Hospital, Malerkotla, where the doctors gave treatment to him and thereafter he succumbed to his injuries. SI Sukhdev Singh sent ruqa to the police station and got registered FIR and went to the spot. The place of accident was got photographed. Statements of witnesses were recorded. Site-plan of the place of accident was prepared. Post mortem on the dead body of Hardial Singh was got conducted. The accused was arrested and the offending bus was taken into police possession. Further investigations were started and after completion of investigations, challan against the accused was prepared and presented in the Court.

(2.) After presentation of the challan, charges under Sections 279 and 304-A IPC were framed against the petitioner.

(3.) In order to prove its case, the prosecution has examined HC Lekh Raj as PW1 who proved certain documents on the case file i.e. memo Ex.PA containing clothes of deceased to SI Sukhdev Singh who proved information regarding arrest of accused and memo regarding cause of arrest of accused as Ex.PD. The prosecution examined HC Julfi Ram as PW2 who proved his test report Ex.PW2/A with regard to bus No. PB-11C-9731. PW3 Jagmohan Singh was also examined who supported the version of prosecution witness and proved his statement Ex.PW3/A. Dr. Daljinder Singh, Medical Officer was examined as PW4 who proved his report Ex.PW4/A. Kehar Singh was examined as PW5 who proved copy of RC as Ex.PW5/A of bus bearing registration No. PB-11C-9731. SI Sukhdev Singh was examined as PW6 being Investigating Officer of the case. Prosecution has also examined PW7 Nasib Chand, Clerk in the office of District Transport Officer, Fatehgarh Sahib who proved certified copy of Ex.PW7A with regard to the driving licence of Mukand Singh son of Kehar Singh. After conclusion of the prosecution evidence, statement of the accused was recorded under Section 313 Cr.P.C. Accused examined DW1 Ravinder Kumar who stated that Mukand Singh had been falsely implicated in this case. After going through the entire case, the trial Court returned a finding that prosecution had proved the case against the accused beyond shadow of any reasonable doubt to the effect that on 4.12.2004, in the area of Rara Sahib College District Ludhiana, Mukand Singh son of Kehar Singh drove one Bus bearing registration No. PB-11C-9731 in a rash and negligent manner which resulted into the death of Hardial Singh.