TARSEM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a revision petition filed by Tarsem Singh (hereinafter described as 'the petitioner') directed against the judgment of the learned Additional Sessions Judge, Amritsar dated 28.2.1987.

(2.) THE relevant facts are that on 8.3.1992 Jagir Singh Jassa Singh (deceased), Kundan Singh (deceased) besides Pappu son of Swinder Singh aged about 4 years were standing near the Saw Mill of Joginder Singh Sarpanch of village Bala Chak. An oil tanker bearing registration No. PNO 4175 came at a high speed from the side of Tarn Taran. Petitioner was driving the same. It rammed into the space where the above-said persons were standing. Jassa Singh, Kundan Singh and Pappu received multiple injuries. They were removed to the hospital. The truck stopped only because of certain logs of wood that were lying there. After investigation the challan was submitted against the petitioner with respect to the offences punishable under Sections 304-A/279 and 337 IPC because as a result of the injuries, Kundan Singh and Jassa Singh died.

(3.) THE short submission made by the learned counsel for the petitioner in this regard was that petitioner has been held guilty only on the basis of his statement made under Section 313 Cr.P.C. He urged that on basis of the statement that he had lost control on the vehicle, the petitioner could not be held guilty.