LEKH RAJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against his conviction under sections 304-A/338 IPC, for which he has been sentenced as under:- Under Section 304-A Eight months RI and to of the IPC. Pay a fine of Rs.1000/- In default to undergo RI for two months. Under Section 338 Four months RI and to of the IPC. Pay a fine of Rs.500/-. In default, one month RI.Case of the prosecution is that on 4.8.1986, NK V.S.Lingam, driver of a Military truck, was taking R.P.Singh to Military Hospital, Pathankot, under the orders of the senior Crl.R.No.721 of 1992 2

(2.) officers. L/NK Jabbar Mal, deceased was also accompanying them. At 5.15 A.M., when the truck reached near the Railway Gate No.C.80 on the railway lines leading from Pathankot to Bharoli, the railway engine of Shalimar Express proceeding from Pathankot to Jammu struck against the truck. V.S.Lingam was slightly hurt, while Jabbar Mal and RP Singh received multiple injuries. They were taken to Military Hospital, Pathankot, where Jabbar Mal succumbed to his injuries. Lekh Raj was the Assistant Station Master, Railway Station, Bharoli, within whose jurisdiction Gate No.C/80 fell. Prem Singh was Cabinman and Thoru Ram was the Railway Gateman. FIR was registered and after investigation, all the three accused were challaned. The prosecution examined 15 witnesses. Substance of the evidence led is as under:- PW2 V.S.Lingam, driver of the military truck was an eye witness, who supported the version of the prosecution of death of Jabbar Mal having occurred on account of rash and negligent act of the accused. PW3 RP Singh was also an injured witness, who corroborated the said version. PW4 Subedar Shamsher Singh got conducted post-mortem examination on the dead body of Jabbar Mal. PW5 Banarassi Lal was the photographer, who took photographs. PW6 Dwarka Dass was the driver of the railway engine, who deposed that the gate was open when he was driving Crl.R.No.721 of 1992 3

(3.) the train and the engine hit the truck. PW7 Bhola Nath, Diesel Assistant also corroborated the version of PW6 Dwarka Dass. PW8 ASI Jaswant Singh and PW9 SI Malkiat Singh conducted investigation. PW13 Nand Kumar Ram deposed that he was posted as Assistant Station Master, while Lekh Raj was on duty at the time of accident. PW14 Ram Parkash was Traffic Inspector of Northern Railways at Pathankot and he produced the record of duties of Lekh Raj. Lekh Raj did not get the gate closed when the train was moving. PW15 R.K.Saini was the Deputy Chief Controller and brought the log book regarding the gate. PW16 Major RK Sharma proved the damage report of the military truck. PW1 Dr. Promila Sharma conducted post-mortem examination and proved her report Ex.PA. According to her, Jabbar Mal died as a result of Cardio respiratory failure due to septicemia as a result of multiple injuries which were ante-mortem in nature. Time between injuries and death was 6/7 days.