HARBHAJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision is directed against the judgment dated 25.7.1995 passed by the Additional Sessions Judge, Ferozepur, whereby the conviction and sentence of the petitioner for offences under sections 304-A/297/337 of the Indian Penal Code recorded by Judicial Magistrate Ist Class, Abohar by his judgment dated 6.1.1994, have been affirmed.

(2.) THE prosecution case, in brief, is that on 27.6.1988 Shri Daulat Ram alongwith his wife Savitri, elder brother Nathu Ram, daughter-in-law Krishna Devi, son aged 2-1/4 years, nephew Jagdish, brother's wife Naraini and two other ladies namely Namkori and Smt. Gomti Devi, was going from his village Matill to village Panjkosi in a jeep bearing No. RRG9820 being driven by Dev Dutt to attend some ceremony on the death of the mother-in-law of his niece. When the jeep reached at bus stop of village Rajpura at about 10.30 a.m. truck bearing No. RNG 4714 being driven by the petitioner Harbhajan Singh came from the side of Abohar at a very fast speed. Daulat Ram asked the driver of the jeep to keep the same on his side as the truck was coming in a rash and negligent manner. Inspite of this, the accused while driving the truck in a rash and negligent manner struck against the jeep, due to impact of which Daulat Ram complainant fell down on the ground and the truck dragged the jeep for a distance of 5/7 karams. Jagdish, Naraini, Mamkori, Gomti Devi and Dev Dutt died as a result of the accident at the spot. The other persons travelling in the jeep received injuries on their person. All these persons were removed in another jeep driven by one Sucha Singh to the Civil Hospital Matili where the injured were given treatment. The petitioner left his truck at the spot and escaped.

(3.) A charge under sections 304-A/279/337 I.P.C. was framed against the petitioner to which he pleaded not guilty and claimed trial.