SULAKHAN SINGH @ GHIDDI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant - Sulakhan Singh has preferred the present appeal against the judgment of conviction and order of sentence dated 28.03.2014 passed by learned Additional Sessions Judge, Amritsar whereby the appellant was convicted under Section 304-A of IPC and was sentenced as under:- <FRM>JUDGEMENT_295_LAWS(P&H)9_2016.htm</FRM>

(2.) Relevant facts for the purpose of decision of the appeal; that on 15.10.2009, complainant Gurbir Singh reported the matter to the police that his mother, Sharanjit Kaur boarded bus No.PAB-5474 at Bhakna Kala for going to Amritsar. Major Singh alias Rana [one of the accused] who was driving the said bus, was known to his mother. He was following the bus on motor-cycle bearing registration No. PB-02-AV-1156. Major Singh was driving the bus at fast speed and in negligent manner. He did not care for safety of passengers of the bus. The complainant apprehended that the driver would be causing a major accident resulting in death of the passengers. Thereafter, Major Singh, driver of the bus, threw the bus in dirty drain of village Bhakna Kalan. The complainant raised hue and cry which attracted number of persons on the spot. Windscreen of the bus was broken and the passengers were taken out of the bus. A number of passengers got injured in the accident. His mother, Sharanjit Kaur and one more person, namely, Jarnail Singh and two other unknown ladies were found dead. As per the complainant, the accident had taken place because Major Singh was driving the bus in rash and negligent manner and at high speed without caring for safety of the passengers. On this, the present FIR was recorded and investigation formalities were completed.

(3.) On 16.10.2009, Gursewak Singh, Gurjant Singh, Kanwaljit Singh and Balkar Singh, who were also traveling in the said bus at the time of accident got recorded their statements. As per their statements, Sulakhan Singh alias Ghidi was one of the accused because Major Singh and Sulakhan Singh were fighting in the bus, as a result of which the accident took place and Parminder Kaur injured also died.