SOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision petition has been preferred by Sohan Singh as well as Nazar Singh against the judgment dated 13.3.2001 rendered by the Court of learned Additional Sessions Judge, Ludhiana, whereby he dismissed the appeal against the judgment/order of sentence dated 27.5.1999 rendered by the Court of learned Judicial Magistrate, Jagraon, whereby each of the petitioner was convicted under Section 304-A of IPC and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/- and in default of payment of the same, the defaulter to further undergo simple imprisonment for 1 month.

(2.) THE minimal facts of the prosecution case are that on 24.8.1996 at 7.50 A.M. Roshan Lal, complainant was standing at the Bus Stand of Village Sadarpura for fetching grocery from Sidhwan Bet for his grocery shop along with other passengers. Harjinderpal Singh (deceased) son of his wife's brother, a student of 10+1 Class was also standing there for boarding the bus. Meanwhile, a bus bearing registration No. PJG 3256 of Punjab Roadways driven by Sohan Singh came there. Nazar Singh (petitioner) was conductor of this bus. Some passengers were getting into the bus from the front window, whereas other one were boarding the bus through the rear window. He also boarded the bus from the rear window. Harjinderpal Singh and other children were getting into the bus through the front window. Sohan Singh Driver moved the bus. Kewal Singh, Principal of Senior Secondary School, Sidhwan Bet and other members of the staff of the same School as well as the passengers raised hue and cry about it. The driver and conductor moved the bus in a negligent manner despite there being a hue and cry. Harjinderpal Singh fell down and was crushed by the hind tyre of the bus. He was removed to Civil Hospital, Sidhwan Bet where he succumbed to the injuries. The accident occurred owing to the negligence of Sohan Singh Driver as well as Nazar Singh Conductor. Roshan Lal made this statement before Gurcharan Singh SI, who having made his endorsement thereunder, sent it to the Police Station Sidhwan Bet, where on its basis, the case was registered. This Sub Inspector prepared the rough site-plan showing the place of accident, conducted the inquest proceedings on the dead body and got the same subjected to post-mortem examination, took the aforementioned bus along with the documents including the driving license into possession along with Photostat copy of the identity card of Nazar Singh accused, got the offending bus mechanically tested. After completion of investigation, the charge sheet was laid in the Court of Illaqa Magistrate for trial of the accused. Sohan Singh as well as Nazar Singh were charged under Section 304-A of IPC, to which they did not plead guilty and claimed trial.

(3.) ON closure of the prosecution evidence, when examined under Section 313 of the Code of Criminal Procedure, both the accused denied all the incriminating circumstances appearing in the prosecution evidence against them. They examined Hakam Singh DW-1 in their defence.