SWARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a revision against the order of Additional Sessions Judge, Jalandhar dated 14.7.1987 whereby he dismissed the appeal of Swaran Singh, (revision petitioner herein) respecting his conviction but reduced the sentence of imprisonment to one year and a fine of Rs. 500/- or in default to further undergo R.I. for two months U/s 304-A IPC.

(2.) THE prosecution case in brief is that on 24.2.1985 Channu Ram was travelling in tempo No. PBT 9085. Hukam Chand, Jeet Ram, Darshan Singh, Jaspal, Khiali Ram, Munshi Ram, Bhag Ram, Shiv Lal and others were travelling in that tempo. They boarded that tempo at village Ranipur for pilgrimage to Dera Radha Soami at Beas. It was being driven by Swaran Singh. When tempo reached a point at a distance of 100 yards away from the Smadh of Baba Bohar Shah in the area of village Sarai Khas, truck No. PJP 6246 was found standing on its side due to some defect. It was about 7.30 a.m. at that time. Two other trucks were also standing ahead in front of that tempo. Swaran Singh accused was driving that tempo at a fast speed rashly and negligently without blowing any horn, in his anxiety to pass those stationary trucks. In the meantime, Bus No. PJG 2513 of Punjab Roadways Jalandhar Depot-II was coming from Kartarpur side being driven by one Makhan Singh. Makhan Singh was driving the bus at normal speed. He was blowing its horn also. When that bus reached near those trucks, accused Swaran Singh i.e. driver of that tempo tried to hurriedly pass those stationary trucks. He could not control the tempo. He gave a twist to the tempo in a manner that it went off the road towards the right side and dashed against left side of the bus and fell in the Khantans and as a result of the impact Roshan Lal, Satnam Singh, Sarban Ram, Sita Ram and Kartar Chand suffered injuries and died. Postmortem examination on the dead bodies was performed by Dr. Pawan Gupta, Medical Specialist, Civil Hospital, Jalandhar on 25.2.1985. The matter was reported to the police by Channu Ram, PW vide statement Exhibit PA on 24.2.1985 on the basis of which FIR No. 32 dated 24.2.1985 was registered at PS Kartarpur U/s 279/307 IPC. After investigation accused was challanged u/s 279/304-A IPC. The Addl. Chief Judicial Magistrate, Jalandhar charged the accused vide order dated 8.8.85 u/s 279/304-A IPC. Accused pleaded not guilty to the charge and claimed trial.

(3.) ACCUSED when examined under section 313 Cr.P.C. denied the imputations appearing in prosecution evidence against him and stated that it is a false case and that he was driving the tempo cautiously and at a very slow speed. He found one stationary truck on the road-in which there was some defect. Ahead of his tempo was going another truck. When he was trying to cross that point and go ahead one bus came from the other side. It was a non-stop bus being driven at a very fast speed. That bus struck against the hind side of the tempo and as a result of the impact some passengers of the tempo suffered injuries. In his defence he examined Rattan Singh DW-1 and Amar Singh DW-2.