SAJJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was convicted and sentenced by the learned Judicial Magistrate 1st Class, Kapurthala, as under: U/s 304-A, IPC R.I. for one and a half years and a fine of Rs. 2000/- or in default of payment of fine, further R.I. for six months. U/s 337-A, IPC R.I. for one and a half years and a fine of Rs. 2000/- or in default of payment of fine, further R.I. for six months. U/s 279-A, IPC R.I. for one and a half years and a fine of Rs. 2000/- or in default of payment of fine, further R.I. for six months. All the substantive sentences of imprisonment were ordered to run concurrently. On appeal, his conviction and sentences were upheld by the learned Additional Sessions Judge, Kapurthala. He has challenged his conviction and sentence by way of this appeal.

(2.) The prosecution case as set up at the trail was that on 29th March, 1981, P.W.3 Amar Singh resident of Jalandhar along with his family members, were traveling in a borrowed Matador No. B.J.Q-999 for pilgrimage and was returning from Amritsar. At about 9.30 p.m. when the Matador crossed the bridge over river Beas and was passing through the area of village Miani, a tractor trolley No. P.B.F.-4632, driven by Sajjan Singh petitioner, came from the opposite direction. It is alleged that the tractor trolley was being driven rashly and negligently and the petitioner swerved his tractor to his right side and dashed the trolley into the Matador van and the right hand side of the said Matador was completely ripped apart and all the persons traveling in the Matador were injured. In the meanwhile, a Punjab Roadways bus came from Amritsar side and took the injured persons to Civil Hospital, Jalandhar, where three of the injured persons, namely, Amarjit Kaur, Kumari Guddi an3 Harjinder Singh, succumbed to their injuries. Harminder Singh injured, also succumbed to his injuries when he was being transferred from Civil Hospital, Jalandhar to a hospital at Ludhiana.

(3.) The case was registered in Police Station Dhilwan on the, basis of the statement of, Gurmukh Singh (P. W. 2), injured recorded by S.I. Amar Singh (P.W. 5) on the following day at 3-30 p.m. in the Civil Hospital at Jalandhar.