MOHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prosecution case, in brief, is that on 31.3.1993 Mohan Lal PW was coming towards village Malla Sodian at about 7 P.M. in a Maruti Van No. PB-08F-4810 alongwith his nephew Dharminder alias Manu. Kuldip Kumar, Sanjiv Kumar and one Paramjit Singh were also with them in that Maruti Van. Kuldip Kumar was driving that Maruti Van. Sanjiv Kumar was sitting by his side in the Maruti van. Dharminder alias Nanu was sitting on the seat behind the driver. Paramjit was occupying the left side rear seat. Mohan Lal was sitting in the Dicky on the left side. When they reached near village Dhahan, a private bus No. PUC-4880 of Onkar Bus Service came from the opposite direction at a rash and negligent speed in a zig-zag manner and without blowing any horn. Occupants of the Maruti Van raised alarm 'Bach Jao'. Kuldip Kumar made every effort to save the occupants of the Maruti Van. He tried to take the Maruti van on the extreme left side of the road but the bus collided with the Maruti van. As a result of the collision, the front and middle portion of the van got badly damaged. During the time when Mohan Lal was in the process of extricating himself, Kuldip Kumar, Sanjiv Kumar and Dharminder alias Nanu died at the spot. Paramjit also sustained multiple injuries. He was admitted to Civil Hospital, Dhahan. But driver ran away from the spot alongwith the conductor. Mohan Lal made statement Ex.PW3/A before HC Manjit Singh. On the basis of his statement, case FIR No. 23 was registered at Police Station Banga under sections 304-A, 338 and 427 IPC on 31.3.1993. After investigation, Mohinder Singh accused (petitioner herein) was challaned under Sections 279/304-A/427 IPC.

(2.) Accused was charged under sections 279/304-A/427 IPC. He pleaded not guilty to the charge and claimed trial.

(3.) On the conclusion of the trial, Judicial Magistrate Ist Class, Nawashahr found the charge under sections 279/304-A of the Indian Penal Code proved against the accused. He, accordingly, convicted him thereunder and sentenced him to undergo RI for two months on the first count. On the second count, he sentenced him to undergo RI for two years and to pay a fine of Rs. 1000/- or in default of payment of fine to undergo further RI for a period of one month vide order dated 12.8.1997.