SWARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Swaran Singh petitioner was convicted for offences under Sections 304-A and 337 I.P.C. by Sub Divisional Judicial Magistrate, Samrala and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/- for the offence under Section 304-A I.P.C. and to further undergo rigorous imprisonment for six months for the offence under Section 337 I.P.C. Against the judgment recording his conviction he filed an appeal which was dismissed by the learned Additional Sessions Judge, Ludhiana vide judgment dated 31.5.1986. He has now filed the present revision petition assailing his conviction.

(2.) The prosecution case against the petitioner was that on 1.1.1983 deceased driver Balwinder Singh and Amrik Singh conductor left Chandigarh with bus No. PBE-4185 for Tarn Taran. At Samrala they took tea and started for Ludhiana at about 8.30 A.M. There were 20 passengers in the bus. When the bus reached near bus stand Ghulal, truck No. CHW -9405 came from the opposite direction. It was being driven by the petitioner in a rash and negligent manner while the bus was being driven on the left side of the road. The truck rammed against the bus on its right side, as a result of which Balwinder Singh driver, Ajmer Singh & Avtar Singh the two employees of Punjab Roadways, Ludhiana. Harbans Kaur and some other passengers received injuries. Balwinder Singh succumbed to the injuries while being taken to the hospital at Smarala. Harbans Kaur was taken to P.G.I. by her husband Inder Singh and she died there on the next day.

(3.) On receipt of information from the hospital regarding the death of Balwinder Singh police reached there and recorded the statement of Amrik Singh complainant on the basis of which case was registered against the petitioner. Spot was inspected and photographs of the spot were also taken. The post mortem report papers relating to the deceased-driver and Harbans Kaur were collected. After completion of usual investigation charge-sheet was presented against the petitioner which led to his conviction as indicated above.