MOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MOHAN Singh petitioner was convicted under sections 304 -A and 337 of the Indian penal Code by the Judicial Magistrate 1st Class, Ludhiana, vide his order dated 29th November, 1973. A sentence of six months' rigorous imprisonment and a fine of Rs. 200/ -, or in default further rigorous imprisonment for one month, was imposed on him on the major charge and that of two months' rigorous imprisonment plus a fine of Rs. 100/ -, or, in default, further rigorous imprisonment for 15 days, on the charge under section 3 7 of the Indian Penal Code The substantive sentences of imprisonment were directed to run concurrently On appeal, the learned 3rd Additional Sessions Judge, Ludhiana, in an exhaustive Judgment upheld the conviction and sentence of the petitioner.

(2.) BHAG Singh deceased had received the fatal injuries in the accident whilst P.W. Narinder Singh had suffered relatively insignificant and minor injuries therein. The case laid is that on the 28th October. 1972, at about 6.00 p.m. P.W. Narinder Singh then employed as a Sub Inspector in the Co operative Societies office at Ludhiana alongwith his colleague Bhag Singh deceased, an Inspector in that very Co operative Societies office, started on a cycle from their office situated in Civil Lines. Ludhiana Nairinder Singh P.W. was driving the cycle whilst Bhag Singh was sitting on the carrier thereof. They were apparently proceeding towards Krishna Nagar. At about 6.30 p.m. having reached near the Jaur sarak. Narinder Singh P.W. is alleged to have nodded by means of his right hand and then turned his cycle towards Krishna Nagar on his right side What is significant to note at this very stage is that there is no crossing or road turning at the spot and Narinder Sinah apparently was swerving to the right to go on to some other path for making a short cut towards Krishna Nagar The prosecution alleges that when they had crossed the road and reached towards the side of Bharat Nagar Chowk, the truck of the petitioner which was following them came from behind driven by the petitioner who did not blow the horn and dashed against their cycle. Narinder Singh complainant and Bhag Singh deceased are alleged to have fallen down as a result of the impact Whilst the rear wheel of the truck ran over Bhag Singh fatally injuring him at the spot, Narinder Singh P.W. escaped with trifling abrasions on hit both hands The truck stopped at some distance ahead and the accident is alleged to have been witnessed by Ranjit Singh P.W. 1 and Karnail Singh P.W. 2 who were sitting in the near by office of the Gill Transport Company.

(3.) The primary evidence against the petitioner is that of P.W. 9 Narinder Singh and P.W. 8 Ranjit Singh and Karnail Singh who gave the ocular account of the accident The corroborative testimony is that of the two medical witnesses and of the police officials who had participated in the investigation.