GURCHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a bus driver's revision petition who was convicted under Sections 304-A and 337 of the Indian Penal Code and sentenced to diverse terms of imprisonment and fine.

(2.) THE offending bus belonging to Malwa Transport Company was admittedly being driven by the petitioner Gurcharan Singh at the time of accident which took place at 6 p.m., on November 10, 1982 on a main road coming from village Chooselewar. At that time, as is the prosecution case, the cycle which was being rid by Sagga Ram (deceased), on the carrier of which his father Faqir Chand was sitting, was going in the same direction in which the bus was going. It is said that the left hind portion of the bus hit the cyclist by the impact of which Faqir Chand was thrown off and the bus ran over Sagga Ram (deceased), as also the cycle. The eye-witness to the accident was Babu Ram (PW1) who was the brother of Sagga Ram (deceased) and obviously the son of Faqir Chand P.W. After the impact, the bus concededly stopped at about 20 yards and as is plain from the photographs taken on the spot. It was halted mainly on the metalled portion of the road, but its hind left wheels were on the unmetalled portion. The direction seemingly was as if the vehicle was intended to be taken on the metalled portion of the road. The petitioner got down to take stock of the situation. He halted a car and removed Faqir Chand PW in it to the hospital. ASI Swaran Singh (PW7) was present on a crossing, known as Lahore Chowk in connection with patrol duty. On receiving information, he rushed to the hospital and recorded the statement of Babu Ram (PW1) at 9.15 p.m., which became the basis of the First Information Report. The petitioner was named therein.

(3.) THE Courts below took the view that the petitioner was driving the bus rashly and negligently. The trial Magistrate employed the photographs taken of the spot to come to such conclusion, because, in his view, the rear portion of the bus being on the unmetalled portion per se, reflected rash or negligent driving. The Appellate Court employed the doctrine res ipso loquitur on the circumstances that Sagga Ram (deceased) was crushed under the bus. That view is under challenging in his petition.