MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has challenged his conviction and sentence under Sections 304-A, 279 and 337, Indian Penal Code, passed by both the Courts below. The details of the sentence imposed upon him are as under:-

(2.) The petitioner Malkiat Singh, who was driving the truck bearing registration No. PBF 9965 on July 12, 1986 at about 10.30 A.M. rashly and negligently, is stated to have hit the truck of the Punjab State Electricity Board bearing registration No. PUF-5475 which was being driven by Joga Singh driver on July 12, 1986 at about 10.30 P.M. on the Zira-Moga road near village Misriwala, though Joga Singh had slowed down the speed of the truck and taken it to the extreme left side of the road. As a result of the accident, Jasbir Singh SSA, Grid Sub-Division, Moga, had died at the spot. The other occupants of the truck bearing registration No. PUF-5475 had received injuries. Out of the injured, Zora Singh also died while on the way to the Hospital.

(3.) On the telephonic message having been received from Police Station City, Ferozepur, A.S.I. Gurdial Singh, along with other Police officials, proceeded to Civil Hospital, Ferozepur. Joga Singh, driver of the P.S.E.B. truck, met the A.S.I. on the main gate of the hospital and made a statement (Ex.PO), and a case under Sections 304-A, 279, 337, Indian Penal Code, against Malkiat Singh petitioner was registered.