SADHU SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Sadhu Singh son of Chet Singh a resident of Village Chuhar Chak was tried for an offence under Section 304-A and 338 of the Indian Penal Code by Judicial Magistrate 1st Class, Jagraon for causing death of Shamsher Singh, Kirpal Singh and Jasmel Singh and causing injuries to Joginder Singh by driving a bus, in a rash and negligent manner. He was found guilty and was sentenced to undergo Rigorous Imprisonment for two years and to pay a fine of Rs. 2000.00 for the offence under Section 304- A of the Indian Penal Code and to further undergo Rigorous Imprisonment for one year and to pay a fine of Rs. 1000.00 for the offence under Section 338 of the Indian Penal Code. In default of payment of fine he was to undergo further Rigorous Imprisonment for six months for each offence. Aggrieved by this judgment dated 19/7/1985, Sadhu Singh filed an appeal. The learned Additional Sessions Judge vide judgment dated April 11 , 1986, maintained conviction of the appellant but reduced the sentence of imprisonment under Section 304-A of the Indian Penal Code to 1-1/2 years. Sentence of imprisonment under Section 338 of the Indian Penal Code and that of fine under both the counts was maintained Sadhu Singh had filed the present Revision Petition assailing his conviction and sentence for the above mentioned offences.

(2.) The case of the prosecution in brief was that on 14th March, 1983, Samsher Singh, Kirpal Singh, Jasmel Singh and Joginder Singh were going to Raikot from Chandigarh in a car bearing Registration No. UTC-8795 which was being driven by Jasmel Singh. At about 10-15 P.M. when the car reached near Boharo Colony chowk, Boparai Kalan bus No. PUL-3074 came from the opposite direction which was being driven by the petitioner rashly and negligently at a fast speed. The petitioner did not use dipper. On seeing the bus Jasmel Singh slowed down the car and took it to the extreme left of the road. The driver of the bus took the bus to the wrong side and struck it against the right side of the car. The car was dragged to some distance. Sadhu Singh who was driving the bus told that he was cleaner of the bus whereas Amrik Singh who was also sitting in the bus told that in fact he was the driver of the bus. On account of this accident, Jasmel Singh and Samsher Singh died at the spot while Kirpal Singh who suffered serious injuries died in the hospital. On the basis of statement of Joginder Singh, case was registered against the petitioner. He was charge-sheeted, tried, convicted and sentenced as mentioned above.

(3.) The contention of the Revision-Petitioner was that in fact Amrik Singh was driving the bus at the time of the accident. He was simply a cleaner and was assisting one Puran Singh who was assigned the job to repair the bus.