KAUSHAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant petition has been preferred by Kaushal Singh against judgment dated September 14, 2015 passed by the Additional Sessions Judge, Patiala whereby judgment of conviction and order of sentence dated December 12, 2014 rendered by the Judicial Magistrate 1st Class, Rajpura, in case FIR No.148 dated August 1, 2008 under Sections 279, 338 IPC, Police Station, Sadar Rajpura, District Patiala, has been upheld. The petitioner was convicted and sentenced by the trial court under Section 279 IPC to undergo RI for six months, fine Rs. 500/-, in default of payment of fine, to undergo RI for 10 days; and under Section 338 IPC to undergo RI for one year, fine Rs. 1,000/-, in default of payment of fine, to undergo RI for 15 days.

(2.) Briefly stated, the facts of the prosecution case are that present case was registered on the basis of statement of Hardeep Singh son of Bagga Singh, resident of Fatehpur Seona, Police Station Mandi Gobindgarh, District Fatehgarh Sahib. He stated that he is employed as driver in New Fatehgarh Bus Service. He was going from Ambala to Ludhiana after boarding passengers in the bus bearing registration No.PB-23C-2397. At about 4:00 PM, when he was behind Namdhari Petrol Pump, a truck bearing No.HR-56B-0911, being driven by Kaushal Singh in a rash and negligent manner, collided with the aforesaid bus, as a result of which, passengers who were travelling in the bus sustained injuries. The bus was also damaged. The injured were admitted in Rajindra Hospital, Patiala. After recording the statement of complainant, he signed the same. ASI Gurcharan Singh made his endorsement on the same and sent it to Police Station for registration of case, on the basis of which, the present FIR was registered. Site plan was prepared. Statements of witnesses under Section 161 Cr.P.C. were recorded. Accused was arrested.

(3.) After completion of investigation, challan against the accused was presented in the court of jurisdictional Magistrate. He was supplied the copies of police report and other documents appended therewith as required under Section 207 Cr.P.C. Finding a prima facie case against the accused, he was charge-sheeted under Sections 279, 338 IPC, to which, he claimed not guilty and claimed trial.