BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER Balwinder Singh son of Faqir Singh, resident of Baloor Khan, Police Station Rahon, Tehsil Nawanshahr, District Jalandhar, was convicted and sentenced by the Court of learned Chief Judicial Magistrate, Ropar, under Section 304-A IPC to undergo one and a half years rigorous imprisonment and a fine of Rs.2,000/-, in default one month rigorous imprisonment for causing death of Mohan Singh, Kishan Singh, Subhash Chand and Karnail Singh.

(2.) CASE FIR No. 67 dated 14.5.1989 was registered at Police Station Ropar under Sections 279 and 304-A IPC at the instance of Dalip Singh son of Gurdial Singh, resident of Bal, Police Station Ropar. It was stated in his statement Ex.PW.8/A that on 14.5.1989 at about 6.30 P.M. complainant was going to see Gurdev Kaur, his niece, who was admitted in Primary Health Centre, Bharatgarh, Mohan Singh, husband of her niece, on a bicycle was going along with him in order to see and take meals for Gurdev Kaur. At Bunga Sahib, Mohan Singh had boarded in truck bearing No. PAT-5976, which was driven by the petitioner. It is stated that at about 7.45 P.M. when the complainant reached near the Railway Station, Bharatgarh, truck No. PAT-5976 crossed him. It was being driven in a rash and negligent manner. It is stated that the truck struck against the tree, as a result of which cabin and body of truck was badly damaged. The accused has also stated to have received injuries. Occupants of the truck i.e. Mohan Singh Kishan Singh, Subhash Chand and Karnail Singh, who were sitting along with the petitioner suffered injuries and as a result Mohan Singh, Kishan Singh and Subhash Chand died at the spot, while Karnail Singh injured expired in the hospital lateron. The occurrence was witnessed by Deva Singh, Member Panchayat, also. PW.1 Dr. Suresh Chadda conducted autopsy on the body of Subhash Chand. PW.2 Dr. V.K. Goel conducted autopsy on the body of Mohan Singh. PW.3 Dr. P.K. Sharma conducted autopsy on the body of Kishan Singh. PW.4 Dr. Jasbir Singh conducted autopsy on the body of Jarnail Singh alias Karnail Singh. PW.5 Tarlochan Singh mechanically tested the truck and gave his test report. Deva Singh, eye witness, appeared as PW.7 and Dalip Singh complainant appeared as PW.8. PW.10 Moharrir Head Constable Gulzar Singh handed over the blood stained clothes of the deceased to the Investigating Officer. PW.11 Jagjit Singh, Sub Inspector, had investigated the case.

(3.) MRS . Tanisha Peshawaria, Advocate, appearing for the petitioner at the outset has stated that she will not contest the testimony of PW.7 Deva Singh and PW.8 Dalip Singh as both the Courts below have placed reliance upon them to convict the petitioner. The argument that as to why Dalip Singh had not accompanied Mohan Singh, husband of his niece Gurdev Kaur, in the truck and as to why Pritam Singh owner of the flour mill (accident took place near flour mill), was not examined, had not been accepted by the two Courts below.