GURBINDER SINGH @ BHOLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present Crl. Revision has been filed against the judgment and order dated 24.2.1993 passed by the learned Sessions Judge, Faridkot, whereby the petitioner has been convicted and sentenced to undergo rigorous imprisonment for one year and fine of Rs. 250/- or to further undergo rigorous imprisonment in default of payment of fine for two months for the offence under Section 304-A of the Indian Penal Code (IPC - for short). Besides, the petitioner has been sentenced to undergo R.I. for six months and fine of Rs. 100/- or to further undergo rigorous imprisonment for one month in default of payment of fine for the offence under Section 279 IPC, and lastly to undergo rigorous imprisonment for 9 months and fine of Rs. 200/- or to further undergo rigorous imprisonment for two months in default of payment of fine under Section 338 IPC. All sentences have been ordered to run concurrently.

(2.) THE fact of the case are that the FIR No. 6 dated 12.1.1989 was registered at Police-Station Nihal Singh Wala for the offence under Sections 279, 427, 338, 304-A IPC against the petitioner Gurbinder Singh on the statement of Dharam Singh complainant. The complainant on 11.1.1989 along with others went to Dhanaula Mandi for selling three bufalloes in which he and his companions were dealing with. They went on the tractor trolley of Kartar Singh Mistri from village Kussa. They sold the buffaloes and started back to their villages. The Complainant, Kishan Singh and Binder Kumar were sitting on the right mudguard, Jassa Singh on the left mudguard and Mewa Singh on the wooden plank of the tractor. When they were at some distance from the bridge of the canal minor at village Himatpura then one truck which was coming from the opposite direction at a high speed rammed into the tractor. Sadhu Singh the driver of the tractor tried to save the tractor but there was a collision and the truck hit the rear side of the tractor. The tractor cracked into two parts. The trolley got detached from the tractor. On account of the accident Kishan Singh and Zora Singh suffered injuries and died at the spot while Sadhu Singh Tractor Driver, Mewa Singh, Jassa Singh and Binder Kumar received multiple injuries. The truck driver also received injuries. Dharam Chand lodged the report which was recorded by ASI Malkiat Singh who met him at the bus stand of village Bhagike where Dharam Chand made his statement Ex.PW2/A on the basis of the which FIR Ex.PW2/C was registered. The challan against the petitioner was filed and he was charge-sheeted on 4.9.1989 by the learned Sub Divisional Judicial Magistrate, Moga, for the offences under Sections 279, 304-A, 337 and 338 of the Indian Penal Code.

(3.) THE petitioner, in his statement under Section 313 Cr.P.C stated that he was only the owner of the truck and that he had employed Sucha Singh as driver who may have caused the accident because after 11.1.1989 i.e. the date of the accident, Sucha Singh did not report to him, as he was the owner of the truck, the police took him to be the driver and implicated him.