BALWAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a revision petition against the judgment dated August 10, 1987, passed by Additional Chief Judicial Magistrate, Ambala, whereby he convicted and sentenced Balwan Singh, accused under Sections 279 and 304-A Indian Penal Code, and the judgment dated December 10, 1987, passed by the Additional Sessions Judge, Ambala, whereby the appeal filed by the accused was only partly allowed. The appellate Court, while maintaining the conviction reduced the sentence under Section 304-A, Indian Penal Code, to rigorous imprisonment for one year and a fine of Rs. 1,000/- in default of payment of fine, he was ordered to undergo further rigorous imprisonment for three months.

(2.) ACCUSED Balwan Singh was driving truck No. DHL-5390 with an empty milk tanker fitted to it on January 3, 1982. He was driving his vehicle from Delhi side to Ambala Cantt. side at about 12.30 noon. The truck driven by the accused collided with another truck No. PBS 957, which was loaded with rice bags and was coming from the Ambala Cantt. side, i.e. opposite direction. After colliding with the truck, the accused could not control his truck and hit Badlu Ram in front of Sharma Petrol Pump near Ambala. Badlu Ram fell down and was rushed to the hospital, where he succumbed to his injuries. The accident was witnessed by Gullu Ram, Buli Ram and Gulshan Lal, PWs. A report was lodged at P.S. Saddar Ambala by P.W. 1 Gullu Ram, brother of Badlu Ram (deceased). The police, after investigation, filed a charge-sheet against the accused, Balwan Singh. The three eye-witnesses, namely, Gullu Ram, Buli Ram and Gulshan Lal, deposed in the trial Court that the accused was driving the truck rashly and negligently. Photographs of the site of the accident were taken by the Police Photographer, Head Constable Ranjit Singh, and were produced in the Court. The Police Mechanic, Constable Ram Dass, submitted his report stating therein that the machine of the truck was in normal condition. The investigating officer, S.I. Karam Singh, also appeared before the trial Court.

(3.) THE trial Court noticed that the eye-witnesses, Buli Ram and Gulshan Lal, were independent persons. Gullu Ram (P.W.1) was, however, the brother of the deceased. Since nothing was found inconsistent in the statements of the three eye-witnesses and there was nothing to show that they were giving false evidence, their evidence was relied upon.