SURJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been filed impugning the judgment dtd. 8/2/2010 passed by the Additional Sessions Judge (Adhoc) Fast Track Court, Gurdaspur whereby the appeal filed against the judgment of conviction and order of sentence dtd. 5/7/2006 passed by the Judicial Magistrate, 1st Class, Batala has been dismissed.

(2.) The FIR in the present case came to be registered on 21/8/2000. The judgment of conviction was passed on 5/7/2006 by the Judicial Magistrate, 1st Class, Batala. The appeal filed against the order of conviction was dismissed on 8/2/2010 by the Additional Sessions Judge (Adhoc) Fast Track Court, Gurdaspur. The instant revision petition was filed on 25/2/2010 and has come up for final hearing now i.e. after a period of more than 24 1/2 years from the date of registration of the FIR.

(3.) In brief, the case of the prosecution is that ASI Jasbir Singh along with other police officials was present at Adda Qila Lal Singh in connection with patrolling duty when Shinda Masih son of Natha Mashih came there and his statement was got recorded to the effect that he was a resident of village Khusipur. On 21/8/2000 when he along with his brother Prem Masih and his son Surjit Masih were present in the area of Adda Bidhipur and Surjit Masih was boarding the bus bearing No.PB-06-1026 for Batala, he and his brother followed the bus on their scooter. At about 10.15 AM. the bus driver was driving the bus rashly and negligently and at a high speed. Suddenly one scooter came from the opposite side and the bus driver tried to save the scooterist and applied brakes and due to that the bus went into the paddy fields. He and other passengers pulled out Surjit Masih and others from beneath the bus. Surjit Masih got admitted at Civil Hospital, Batala where he died. The accident took place due to the driving of the bus by the driver in a rash and negligent manner. Upon the basis of the above said statement of the complainant, a ruqa was sent to the police station for registration of the case on the basis of which a formal FIR was registered against the accused persons.