DIDAR SINGH Vs. U.T., CHANDIGARH

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 12.07.2006 rendered by the first appellate court of learned Additional Sessions Judge, Chandigarh whereby the judgment of conviction dated 12.12.2001 rendered by learned Judicial Magistrate Ist Class, Chandigarh was maintained and also the order on sentence of the even date. Vide order on sentence, petitioner -accused was sentenced to undergo rigorous imprisonment for a period of six months for offence under Sec. 279 IPC; for offence punishable under Sec. 304 -A IPC, he was sentenced to undergo rigorous imprisonment for a period of two years and a fine of Rs. 1000/ -. In default of payment of fine, to further undergo rigorous imprisonment for two months.

(2.) Brief facts of the case are like this; that complainant -Murari Lal was doing cycle repair work near light point Sectors 19 -20 by the side of Masjid. On 05.10.1995, a Sikh gentleman was coming from Sector 20 -B, Chandigarh side and crossing the traffic lights. At that time, petitioner, who was driving bus No. PJE -7616 belonging to Pepsu Roadways, driving the bus at a high speed, rashly and negligently came there and struck against the bicycle of the aforesaid Sikh gentleman, by its driver side. Resultantly, cyclist fell down and sustained severe injuries. Petitioner -accused got down from the bus. In the meanwhile, police party also reached there and the cyclist was taken to the hospital. Information was sent to the police station whereupon ASI Chanan Masih reached the spot and recorded the statement of complainant as mentioned above. On the basis of this statement, FIR of this case was registered. Rough site plan of the spot was prepared. Both the vehicles were taken into police possession. The injured remained unfit to make statement and ultimately he died on 12.10.1995. Inquest proceedings were completed. Post -mortem examination of the dead body was got conducted. Statements of witnesses were recorded. Accused was arrested. After completion of necessary investigations, the challan was filed in the Court against the accused.

(3.) Finding a prima -facie case against the accused, he was charge -sheeted for committing offence punishable under Ss. 279, 304 -A IPC, to which accused did not plead guilty and claimed trial. After taking entire prosecution evidence, statement of accused under Sec. 313 Cr.P.C. was recorded, wherein, accused denied each allegation of the prosecution and pleaded his false implication. The defence taken by the accused is this that on 05.10.1995, he was driving the offending bus. Deceased himself struck against the bus but alleged that the incident took place because of the rash and negligent driving of the accused. Deceased suddenly came on the road from Sector -20 side, without adhering to the traffic lights and dashed against his bus and suffered injuries and died. He also examined Harchand Singh as DW -1.