STATE OF PUNJAB Vs. DALIP SINGH

JUDGEMENT

(1.) In brief, the facts of the prosecution case are that on 13th of April, 1986, Kulwant Singh, P.W. 2 was driving the bus bearing registration No. PJG 7341 of the Pepsu Roadways Transport Corporation from Patiala to Bhatinda Jagga Singh (P.W. 3) was conductor of this bus. It started from Patiala at 6.30 A.M. with 25/26 passengers. When this bus reached near village Balad Kalan at 7.15 A.M. one truck bearing registration No. RSC 8939 driven by Dalip Singh, accused, respondent, came from the opposite direction at a full speed. The truck was being driven carelessly in a zigzag manner. The right side of the truck struck against the right side of the bus. Thereafter, due to the impact of the accident, the bus took a turn and went into the ditches along its; right side of the road. One passenger travelling in the bus dies due to the accident while other five-six passengers received injuries. Two of injured, passengers died in the Hospital. Kulwant Singh driver of the bus, as well as Jagga Singh were also injured. The injured were got admitted in the Rajindra Hospital, Patiala. Sub-Inspector Lakha Singh, Incharge of Police Station Bhwanigarh on receipt of information of this accident rushed to the spot. The truck was found parked on the left side of the road at the spot while the bus was lying in the ditches. A dead body was lying inside the bus, but no witness to the actual accident was available at the spot. He then rushed to the Rajindra Hospital, Patiala, and recorded the statement Ext. P.B. of Kulwant Singh at 12.30 P.M. On the basis of which a case under sections 279, 337, 338 and 304A of the Indian Penal Code was registered against Dalip Singh, accused-respondent (driver of the truck) at Police Station Bhiwanigarh at 2.15 P.M. The dead bodies of Surinder Pal, Mangat Singh and Kaur Sam were got subjected to postmortem examination from Dr. Ramesh Mehta and Dr. D.P. Aggarwal (P.W. 5 and P.W. 8 respectively).

(2.) Dr. D.P. Aggarwal also medically examined Ishar Singh and Sant Singh, injured-witnesses on 1304.1986.

(3.) The sub-Inspector also took into possession the bus and the truck from the spot, besides preparing the visual site plan, Ext. P.W. 9/D of the spot. He also recorded the statements of the witnesses. Dalip Singh accused was also arrested and driving licence was taken into possession. After completion of investigation, the accused was arraigned for trial on such like allegations.