ASHOK KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision has been directed against the judgment/order dated 29th July, 1992 rendered by the Court of learned Sub Divisional Judicial Magistrate, Muktsar, whereby he convicted and sentenced the accused/petitioner to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1000/- and in default thereof to further undergo rigorous imprisonment for a period of two months under Section 304-A of the IPC and further sentenced him to undergo rigorous imprisonment for a period of six months under Section 338 of the IPC with a direction that both the sentences shall run concurrently as well as the judgment dated 18th October, 1994 rendered by the Court of learned Additional Sessions Judge, Faridkot whereby he dismissed the appeal.

(2.) THE facts in brief of the prosecution case are that Kundan Singh PW made his statement Ex.PA before the police stating therein that on 2nd February, 1990 he alongwith Baldev Singh driver of the tractor bearing registration No. PAD-8672 and his brother Ghula sitting in the trolley were returning from Muktsar after making purchases of household articles. At about 5.30 PM when they were at a distance of 1-1/2 furlong from village Rahurianwali, a bus bearing registration No. PUW-8467 came from Muktsar side at a very fast speed and struck against the trolley of their tractor. As a result of its impact, the tractor turned turtle and hook of the trolley got broken. The bus got down from the road and moved towards the west. The complainant and Baldev Singh came under the tractor. On being raised alarm by Ghula, people amassed there. They rescued them by lifting the tractor. They both were removed by Ghula to Civil Hospital, Muktsar where they were medico-legally examined. The condition of Baldev Singh being serious, he was referred to Medical College, Faridkot. SI Kuldip Singh PW5 on receipt of intimation regarding the admission of the injured in the aforementioned hospital, went there and recorded the statement Ex.PA. On its basis, formal FIR Ex.PA/1 was recorded. He took up the investigation, reached the spot, prepared the rough site plan and seized the bus as well as the tractor vide recovery memos. Baldev Singh succumbed to his injuries in Medical College, Faridkot. The Investigating Officer prepared the inquest report and got the autopsy performed on the dead body. On completion of investigation, the charge-sheet was laid in the Court of Illaqa Magistrate for trial of the accused.

(3.) IN order to substantiate its allegations, the prosecution examined Chanan Ram PW1, Dr. S.S. Toor PW2, Dr. J.S. Dalal PW3, Balbir Singh Mechanic PW4, Kuldip Singh Sub Inspector PW5, Kundan Singh complainant PW6 and Gurdev Singh PW7. When examined under Section 313 Cr.P.C., accused denied all the incriminating circumstances appearing in the prosecution evidence against him. He has taken up the plea that the driver of the tractor was untrained and there was play in the steering and king pin of the tractor which was going in a zig-zag manner and not under the control of the driver on the wrong side and that under such compulsive situation, his bus struck against the back of the trolley and that in his effort to save the lives of 40-50 passengers travelling in his bus, he took the bus down the road towards the fields. In his defence, the accused examined Tejinder Singh DW1 and Gulshan Kumar DW2.