STATE OF PUNJAB Vs. DAVINDER SINGH

JUDGEMENT

(1.) The crux of the facts & evidence, unfolded during the course of trial, which needs a necessary mention for the limited purpose of deciding the instant State appeal and emanating from the record, as claimed by the prosecution, is that Bishan Singh son of Bahadur Singh and complainant Madan Lal (PW5) (for brevity "the complainant") were working in the Canteen of Agni Casting Factory, Mandi Gobindgarh. On 25.11.1996 at about 12 noon, they were going towards Mandi Gobindgarh on their respective cycles to fetch kerosene for the Canteen. As soon as, they crossed the Bus-stand of village Ajnali and came towards GT Road, in the meantime, a bus, bearing registration No.PB-11- F-9705 (for short "the offending bus") came from the side of Sirhind and rammed into the cycle of Bishan Singh. He felled on the road and the tyre of the bus crossed over his thighs. After causing the accident, the bus was stopped after covering some distance. The complainant was stated to have removed Bishan Singh in an injured condition to Govt. Hospital, where he died on account of injuries.

(2.) Leveling a variety of allegations and narrating the sequence of events, in all, the complainant claimed that the accident in question had taken place due to rash and negligent driving of driver of the offending bus, in which, Bishan Singh succumbed to his injuries. In the background of these allegations and in the wake of statement (Ex.PA) of complainant, the present criminal case was registered against respondentaccused Devinder Singh son of Didar Singh (in short "the accused"), by virtue of FIR No.134 dated 25.11.1996 (Annexure PW6/A), on accusation of having committed the offences punishable under sections 279 and 304-A IPC by the police of Police Station Mandi Gobindgarh, District Fatehgarh Sahib, in the manner depicted here-in-above.

(3.) After completion of the investigation, the final police report (challan) was submitted by the police against the accused to face the trial for the pointed offences.