ZORA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ASSAILED in this petition is the judgment dated 1 -8-1992 passed by the then additional Sessions Judge, Ludhiana dismissing the appeal of the petitioner against the judgment dated 28-2-1992 passed by judicial Magistrate 1st Class, Ludhiana convicting the accused under Sections 279, 304-A and 338 of the Indian Penal Code (for short 'ipc')and sentencing him to undergo rigorous imprisonment for six months u/s. 279, ipc, to undergo rigorous imprisonment for nine months u/s. 304-A, IPC and to undergo rigorous imprisonment for nine months u/ s. 338, IPC. However, all the sentences were ordered to run concurrently.

(2.) BRIEFLY stated the facts as emanating from the prosecution version are that on 21-9-1988, the petitioner while driving the truck no. PBU 7671 carrying 60-65 persons from different villages, like Dalla, Bhanipura, sidhwa Bet and Jagraon, was going to jalandhar. Complainant Hakam Singh was going ahead of them. When the truck reached near the junction of kucha rasta abutting the Jagraon Ludhiana high-way, in the area of Baddowal, then, a cyclist came in front of the truck. The petitioner, who was driving the truck at a high speed, applied the brakes in order to save the cyclist, but by sudden brakes, the truck turned turtle. Resultantly, the petitioner, the complainant hakam Singh and also Mander Singh and karamdeep Singh, who were sitting in the driver's cabin and other persons, sitting on the body of truck and its 'dala', sustained injuries. All injured were shifted to the hospital at Ludhiana. Three persons, namely; Zora Ram, Parsan Singh and Hukam Singh succumbed to their injuries at the spot, while, Darshan Singh, Nek Singh, Harbans singh, Tara Singh, Lachhman Singh and jammu Singh succumbed to their injuries in the Hospital.

(3.) ON receipt of the information regarding the accident, Sub-Inspector Amar Singh of Police Station Sadar, Ludhiana reached cmc Hospital, Ludhiana at 12. 05 a. m. On 21-9-1988 and met the complainant (Hakam Singh)and recorded his statement, on the basis of which FIR Ex. PA/2 was registered at the Police Station. He also recorded the statements of the witnesses, prepared the rough site plan of the place of occurrence, formally arrested the accused and on completion of the investigation, challan against the accused was presented in the court. Ultimately, the trial ended in conviction. The appeal was also dismissed.