MASTAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of present revision petition challenge has been made to the judgment dtd. 3/11/2011 vide which the learned CJM, SAS Nagar (Mohali) convicted the petitioner under Ss. 279 and 304-A IPC and sentenced him to undergo RI for six months under Sec. 279 IPC and RI for two years under Sec. 304-A IPC, besides to pay a fine of Rs.10,000.00 and in default thereof to further undergo RI for six months under Sec. 304-A IPC as well as judgment dtd. 17/11/2012 vide which learned Additional Sessions Judge, SAS Nagar (Mohali) even dismissed the appeal.

(2.) Brief facts of the case as projected by the prosecution are that on 8/7/2006 at about 4.00 PM, Devinder Singh/ complainant alongwith his father-in-law Joginder Singh (since deceased) was going on foot from Phase-V to Gurudwara (Temple) of Phase- VI for paying obeisance. When he and his father-in-law Joginder Singh reached about 100 yards ahead of the Chowk of Dara Studio in Phase-VI, Mohali at that time his father-in-law was going ahead of him and in the meantime a Haryana Roadways bus bearing registration No. HR-684376 came from the side of Kharar on full speed being driven in rash and negligent manner, without even blowing any horn, hit Joginder Singh, his father-in-law. It was alleged that thereafter, Joginder Singh fell down along the edge of the road and sustained injuries on his head as well as other parts of the body. Driver of the bus (accused/ petitioner) stopped the bus and took his father-in-law Joginder Singh to Civil Hospital, Mohali in the same bus. When Devinder Singh/ complainant was busy in looking after his father-in-law Joginder Singh, in the meantime, taking advantage, petitioner / driver of the bus went away. Joginder Singh was referred from Civil Hospital, Mohali to PGI, Chandigarh where he was declared brought dead. It was pleaded that accident took place on account of rash and negligent driving of the bus, being driven by Mastan Singh, petitioner at a very high speed and without blowing any horn. The statement of the complainant was recorded by ASI Sukhdev Singh which was duly signed and FIR dtd. 9/7/2006 was registered under Ss. 279 and 304-A IPC. After the completion of investigation, Mohali Police submitted its final report under Sec. 173 Cr.P.C. against the petitioner who was subjected to trial.

(3.) Vide judgment dtd. 3/11/2011, the learned CJM, SAS Nagar (Mohali) convicted the petitioner under Ss. 279 and 304-A IPC and sentenced him as follows:-