KULWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY way of this order, I shall dispose of CRA No. S -1015 -SB of 2011 titled SB of 2011 titled "Iqbal Singh vs. State of Punjab" as these are the off shoot of judgment dated 22.1.2011 passed by the Sessions Judge, Faridkot convicting and sentencing the appellants for commission of offence punishable under Sections 304 Part II and 308 of the Indian Penal Code (for short "IPC") and Section 175 of the Railways Act, 1989 (for short "the Act"), extracted hereinbelow: -

(2.) THE facts, extracted from the judgment of the learned trial court, read that on 14.12.2007 at about 8.35 a.m., train No. 4629 UP Satluj Express was given clearance and while passing through gate No. C -40 met with an accident with mini bus bearing No. PB -29E -9482 driven by accused Iqbal Singh. As a result of this occurrence, 16 persons travelling in the bus were killed and 12 others sustained injuries. The Station Master, Northern Railways, Moga sent intimation in writing Ex. P 63 to the Incharge GRP Moga about the accident. SHO Ajaib Singh along with senior officers of the local administration rushed to the site of accident, the injured were shifted to the hospital. Kulwinder Singh and Iqbal Singh accused were arrested in the case being responsible for the occurrence. Kulwinder Singh is stated to be deputed to man the railway crossing/gate No. C -40 at the relevant time and Iqbal Singh was the driver of the mini bus. Kulwinder Singh was placed under suspension and order of suspension Ex. P123, certificate regarding his duty at the relevant date and time Ex. P 124, his identity Card Ex. P127 were taken into police possession. Statements of the witnesses were recorded. Site plan of the place of accident was got prepared from a draftsman. On investigation being completed, challan was presented in the Court for trial of the accused.

(3.) THE case was committed to the Court of Sessions as offence under Sections 304 and 308 IPC being exclusively triable by the said court.