SURINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SURINDER Kumar accused (petitioner herein) was tried by Judicial Magistrate First Class, Jalandhar in case FIR No. 32 dated 22.2.84 under section 304A/338/279 of the Indian Penal Code of PS Division No. 6, Jalandhar for having driven Punjab Roadways bus No. PJG-2508 belonging to Punjab Roadways Jalandhar (II) on 22.2.1984 on a Highway so rashly and negligently as to endanger human life and while rashly and negligenntly driving the said bus on that Highway, he dashed that bus against Daulat Ram @ Dolti and Ram Murat causing them injuries and the death of Ram Murat on the spot. Trial ended in his conviction and sentence under section 304-A Indian Penal Code to rigorous imprisonment for one year vide order dated 20.4.87 passed by Judicial Magistrate First Class, Jalandhar.

(2.) HIS appeal to the Court of Sessions failed so far as conviction is concerned. It succeeded partially so far as sentence is concerned and the sentence was reduced to rigorous imprisonment for 8 months.

(3.) PROSECUTION case in brief in that Bachu Lal PW1 was working in Indonesian Company at Jalandhar since the year 1971. He is UPite. Other people from his neighbouring villages had also been at Jalandhar to eke out their living. Similarly, his relation Ram Murat hailing from district Jaunpur (UP) was also at Jalandhar to eke out his living. He was residing in Bhargav Camp Jalandhar. On 22.2.84 at about 7 PM, there was brilliant electric light burning on the road. He and Ram Murat were coming on separate cycles to their houses from the side of Jalandhar City. Daulat Ram @ Dolti and his relation Gurpal son of Jagat Pal, whose name he came to know afterwards, were coming behind them on separate cycles on their left hand side. When they reached in front of the country liquor vend Abadpura, bus No. PJG-2508 came from Nakodar side being driven by Surinder Kumar accused resident of village Barra PS Sirhind. Bus belonged to Punjab Roadways Depot Jalandhar (II). It was being driven rashly and negligently and at fast speed by its driver towards Jalandhar City side. Steering of the bus was out of his control. Seeing the bus out of control of the driver, Bachu Lal moved towards the kacha berm of the road on his left hand side. Surinder Kumar brought that bus on his right hand side i.e. wrong side and rammed that bus into Daulat Ram. Ramming of the bus resulted into the smashing of the cycle being pedalled by Ram Murat and he suffered multiple injuries on the head. He died at the spot. Cycle being pedalled by Daulat Ram also smashed and he too sustained multiple injuries. Surinder Kumar sped away with bus. Gurpal PW was left at the spot to guard the dead body and preserve the scene of occurrence. Bachu Lal followed that bus in a separate car which he got into, on the way. Surinder Kumar driver was caught hold of along with the bus on the link road in Milk Bar Chowk. Surinder Kumar Driver was under the influence of liquor. Bachu Lal made statement Ex.PE which led to the registration of case FIR No. 32 (ibid) against the accused. After investigation, Surinder Kumar was challaned. He was tried under section 304-A Indian Penal Code by Judicial Magistrate First Class, Jalandhar who found the charge proved, convicted and sentenced him thereunder as indicated above.