AMIR CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) As per case of the prosecution on 10th May, 1982, Kulwant Singh son of Kundan Singh, a resident of village Chahal Khurd, brought his sugarcane to Batala Sugar Mill in his tractor-trolly. After selling the sugarcane when he was to return to his village, Gurbachan Singh son of Ujjagar Singh, a resident of village Sarwali took a lift and sat in the trolly. When the tractor-trolly reached near the house of one Puran Singh in Model Town, Batala, bus No. PJA-243 came from the side of Gurdaspur at a high speed and struck against the trolly as a result of which Gurbachan Singh fell on the road and received injuries on his head. Bus was being driven in a rash and negligent manner by Amir Chand. Injured was taken to the hospital where he expired on the next day on account of injuries received in the accident. Statement of Kulwant Singh was recorded on the basis of which case was registered against Amir Chand driver of the bus. Bus was taken into possession and after completion of the investigation, chahal was presented in court. Amir Chand was tried for offences under Sections 427/304-A of the Indian Penal Code by Judicial Magistrate 1st Class, Batala. Charge under Section 304-A of the Indian Penal Code was held to have been proved against him for which he was ordered to undergo rigorous imprisonment for a period of one year and to pay fine of Rs. 1,000/-. Aggrieved by this judgment dated 4th January, 1985, Amir Chand filed an appeal. The appeal was, however, dismissed by the appellate court of Additional Sessions Judge, Gurdaspur, on 10.5.1985 and conviction and sentence passed by the Trial Court were affirmed. Amir Chand has now filed the present revision petition assailing his conviction.

(2.) The case of the prosecution was supported by Kulwant Singh P.W. 1 and Dalbir Singh P.W. 2. The prosecution also examined Gurdeep Singh, mechanic, who had checked bus No. PJA-243 and prepared report Ed. P.W. 3/A.

(3.) The contention of the revision-petitioner during trial was that no accident had taken place due to his rash and negligent driving of the bus. In fact the driver of the tractor was negligent and was going at a fast speed. Ali of a sudden he turned the tractor towards Model Town and due to this abrupt turning the person who was sitting in the trolly fell down, otherwise the bus in question never touched the trolly.