JASWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SIX lives were lost and two persons were injured in an accident on 27.9.1989, which led to the prosecution of the accused petitioner Jaswant Singh (hereinafter referred to as the petitioner) under Sections 304-A and 338 of the Indian Penal Code. Consequently, vide judgment dated 10.7.1995 passed by Judicial Magistrate Ist Class, Jalandhar, he was convicted and sentenced to undergo rigorous imprisonment for 1-1/2 years and to pay fine of Rs. 500/- under Section 304-A IPC and to undergo rigorous imprisonment for three months under Section 338 IPC. On appeal, the conviction under Section 338 IPC was set aside, but the conviction and sentence under Section 304-A was maintained. Hence, this petition.

(2.) THE case was registered on the statement of complainant - Surjit Singh (hereinafter referred as the complainant), who stated that on 27.9.1989, his mother Harnam Kaur, brother Balwant Singh, sister-in-law Pritam Kaur, nieces Anrup Kaur, Titu and Kiran, were proceeding to Airport at Delhi in a Maruti van to see-off Balwant Singh. The complainant was following them on his scooter. When the aforesaid van reached a little short of petrol pump in the area of village Bidipur, the petitioner while driving the bus bearing No. PJG-4630 belonging to the Punjab Roadways Depot, Taran Taran rashly and negligently came from the side of Jalandhar and struck against the van. Thereafter, the bus also hit a motor cycle, coming from behind the van. As a consequence of the accident, Harnam Kaur, Pritam Kaur and Anrup Kaur died on the spot. Balwant Singh and some others, who had sustained injuries were shifted to the Hospital, for medical aid. Later on, the driver of the van Kedar Nath and both the occupants of the motor cycle, namely Gurinderpal Singh and Kuldip Singh also died. On the basis of the aforesaid statement (Ex.PW7/A) made by the complainant, formal FIR (Ex.PW6/B) was registered against the petitioner under Sections 279, 337, 338, 304-A and 427 IPC at police station Kartar Pur, pursuant to which, Assistant Sub-Inspector Gurnam Singh came into action. He visited the spot, took into possession Maruti van bearing Reg. No. PAU-7530, bus bearing Reg. No. PJG-4630 and the motor cycle bearing Reg. No. JKQ-4034 vide seizure memos Ex.PW2B, PW2/C and PW2/D, respectively. The seized vehicles were got mechanically tested from Gurdev Singh Mechanic, who gave his test reports Ex.PC, Ex.PB and Ex.PA. On conclusion of the investigation, the challan was presented in the court against the accused.

(3.) TO substantiate its charges, the prosecution examined Gurdev Singh mechanic (PW1), Pawan Kumar (PW2), Jasbir Singh injured eye-witness (PW3), Umesh Arora photographer (PW4), HC Inderjit Singh (PW5), HC Suba Singh (PW6), Surjit Singh complainant (PW7) and Balwant Singh injured (PW8).