BAHAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is petition against judgment dated 4.4.1992 passed by the Additional Sessions Judge, Faridkot whereby appeal filed by the present petitioner against judgment dated 16.1.1992 passed by the Judicial Magistrate, Ist Class, Faridkot was dismissed. Vide judgment dated 16.1.1992, petitioner was convicted for the offence under Sections 304-A/427 IPC. He was sentenced to undergo RI for one year and to pay a fine of Rs. 500/-, in default of payment of fine, he was to further undergo RI for two months.

(2.) PROSECUTION case against the accused-petitioner is that on 19.8.1988, Rajinder Singh and Kapoor Singh were returning to village Wander Jatana from Kotkapura on Scooter No. APR 8212. When they reached near village Warra Daraka at about 7.00 a.m., then Truck Bearing No. RSK 5845 driven by Bahal Singh accused-petitioner was coming at high speed from behind the Scooter. Scooter was being driven on left side of the road. Accused-petitioner without caution or blowing horn struck his truck against the scooter due to which Kapoor Singh and Rajinder Singh fell down. Ajaib Singh, who was just going to Kotkapura on Tractor took them to the Civil Hospital, Faridkot. Kapoor Singh died on the next day i.e. 20.6.1988 whereas Rajinder Singh died 10 days back. Case against the accused-petitioner was registered, which was investigated. Thereafter accused-petitioner was sent for trial. Case was found to be proved and the petitioner-accused was convicted and sentenced as aforesaid.

(3.) THIS case relates to the death of two persons caused by the present petitioner by rash and negligent driving of his truck, which struck from behind the Scooter being driven by Rajinder Singh on which Kapoor Singh was a pillion rider.