BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in the present revision is the judgment dated 10.10.2012 passed by learned Judicial Magistrate 1st Class, Bathinda vide which the revisionist was convicted under Section 279, 337 and 304-A IPC and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.500/- under Section 304-A IPC, he was sentence to further undergo rigorous imprisonment for six months and to pay a fine of Rs.500/- under Section 279 IPC and also sentenced to undergo rigorous imprisonment for six months under Section 337 IPC and in default of fine, to further undergo simple imprisonment for one month. All the sentences were directed to run concurrently.

(2.) The briefly stated allegations against the revisionist are that on 10.04.08, Sukhpal Kaur along with her husband Amrik Singh, daughter Darpanpreet Kaur, aged about three years six months, son Vishavjot Singh aged about one year and one Sukhwinder Kaur, wife of Jangir Singh after paying obeisance on Jogi Peer Mela at village Bhupal, were returning to Bathinda in a bus bearing registration No.PB-11M-8502. At about 4.30 p.m., when they reached the main gate of Civil Hospital, the bus halted and they all were alighting from the front exist door. Darpanpreet Kaur was in the lap of her father Amrik Singh. When he was alighting from the bus, all of a sudden the bus driver moved the bus at a high speed, due to which her husband Amrik Singh was hit by the bus and he fell on the left side of the road along with his daughter. The rear tyre of the bus ran over the head of Darpanpreet Kaur. The bus driver fled away from the spot after abandoning the bus.

(3.) Learned counsel for the petitioner has argued that in this case, the postmortem report shows that there was no crush injury. Therefore, the statement of the complainant is not supported by the medical evidence. He has referred to the cross-examination of the doctor. The statement of the doctor made before the trial court is reproduced as under: