PARTAP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a revision against the order dated 6.4.1996 of Sessions Judge, Ferozepur whereby he partially allowed the appeal of appellant Pargat Singh (revision petitioner herein) from the order dated 17.4.1995 of Judicial Magistrate 1st Class, Ferozepur who had sentenced him to undergo R.I. for two years and to pay a fine of Rs. 2000/- or in default of payment of fine to further undergo R.I. for two months, under Section 304-A IPC.

(2.) THE prosecution case in brief is that on 8.12.1990, Kakka Singh, Sarpanch of Village Norreke PS Sadar Jalalabad alongwith Kashmir Singh, Member Panchayat and one Milkha Singh s/o Surain Singh of Village Nooreke was going on his motor cycle to village Jiwan Arian along Fazilka-Ferozepur metalled road. Kakka Singh, PW was driving motorcycle while Kashmir Singh and Milkha Singh were sitting behind him. Twenty Karams ahead of them were going Surat Singh and Surjit Singh on scooter No. PB08/2994 to Village Jiwan Arian. Surjit Singh was driving that scooter while Surat Singh was sitting on its pillion. At about 2.00 p.m. when they were little short of Village Jiwan Arian and Surjit Singh and Surat Singh were ahead of them at a distance of 20 karams, Bus No. PB-12/9905 of Punjab Roadways, Muktsar Depot was coming from Ferozepur side. It was being driven by Pargat Singh. Kakka Singh had known Pargat Singh since earlier. He was driving the bus at a fast speed, rashly, negligently and without blowing any horn. He brought the bus on wrong side and dashed it against Surjit Singh and Surat Singh. Surjit Singh and Surat Singh fell together with scooter. Pargat Singh stopped the bus and ran away. Surjit Singh and Surat Singh received injuries. They were taken to the hospital. They succumbed to their injuries. Matter was reported to the police by Kakka Singh, PW vide statement Exhibit PW 6/B to A.S.I. Surat Singh of PS Guru Harsahai on the basis of which case was registered. Initially the case was registered under Sections 279/337/338 IPC. Offence was converted into one under Section 304-A IPC after the death of Surjit Singh and Surat Singh. Bus was found in order by the Motor Mechanic of Police Lines Ferozepur on test. As scooter had suffered extensive damage Motor Mechanic tested it but could not record any opinion.

(3.) ACCUSED was charged under Section 304-A IPC by the Chief Judicial Magistrate, Ferozepur vide order dated 27.3.1991. Accused pleaded not guilty to the charge and claimed trial.