DIAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS Criminal Revision is directed against the judgment dated 9.12.1986 passed by the Additional Sessions Judge, Hoshiarpur, whereby the conviction and sentence of the petitioner for offences under sections 304-A, 427 and 429 I.P.C., recorded by Judicial Magistrate, Dasuya by Judgment dated 23.8.1986, have been confirmed. The petitioner has been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/- or in default of payment of fine to further undergo rigorous imprisonment for 3 months. Under Section 304-A, I.P.C.; to undergo six months' rigorous imprisonment and to pay a fine of Rs. 200/- or in default to further undergo one month's rigorous imprisonment for an offence under Section 427 I.P.C. and to undergo six months' rigorous imprisonment and to pay a fine of Rs. 300/- or in default to further undergo one month's rigorous imprisonment for an offence under section 429 I.P.C. All the sentences of imprisonment have been ordered to run concurrently.

(2.) THE facts necessary for the disposal of this revision are that on 7.9.1984, Ishar Ram (PW-8) and Roshan Lal (deceased) were carrying logs of wood on their respective carts from village Khunkhun towards Mukerian. Kartar Singh (PW 9) was following them on the Dasuya and Pathankot road. Cart of Ishar Ram was ahead of the cart of Roshan Lal. When at about 8/8-15 P.M., they reached the bridge of choe Kalewal on the G.T. Road Pathankot, bus bearing No. PBN-7442 of Punjab Roadways, which was going to Pathankot, being driven by the petitioner rashly and negligently, came from behind and struck against the cart of Roshan Lal on its right side and then against the cart of Ishar Ram. As a result thereof, Roshan Lal fell on the road and logs of wood from the cart also fell on him. Cart of Ishar Ram alongwith buffalo bull yoked on the left side of the cart were entangled in the railings of the bridge. Ishar Ram jumped from his cart and had a narrow escape. However, his buffalo bull died on the spot. Buffalo bulls yoked to the cart of Roshan Lal received injuries. The passengers of the bus and the petitioner pulled out Roshan Lal from under the heap of the logs of wood. The petitioner arranged the transport and removed Roshan Lal to Civil Hospital, Dasuya but on the way Roshan Lal succumbed to his injuries.

(3.) A charge under sections 304-A, 427 and 429 I.P.C. was framed against the petitioner to which he pleaded not guilty and claimed a trial. In support of its case, the prosecution examined twelve witnesses. In his statement recorded under Section 313 of the Code of Criminal Procedure (hereinafter referred to as the Code), the petitioner denied all the allegations of the prosecution and pleaded his innocence and false implication. According to his plea, the accident took place due to the fault of the deceased and Ishar Ram and it was he who had bona fide removed Roshan Lal to the hospital. Statement of Ishar Ram Ex.DA, was tendered in defence evidence.