MEGH RAJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE prosecution case, in brief, is that on 16.8.1990, Constable Labh Singh was posted in Police Lines, Bathinda. He was deputed to P.S. Boha for the service of notice upon Const. Sham Singh No. 1155 with regard to departmental proceedings. Const. Harcharan Singh was sent to accompany him. Const. Harcharan Singh was not in uniform. Const. Labh Singh and Constable Harcharan Singh started from P.S. Boha on motor cycle No. PUT- 6643. Motor cycle was being driven by Constable Harcharan Singh. Const. Labh Singh was sitting on the pillion of the motor cycle. When they were about 300 yards behind the bridge of Rajwaha and were on main road, Jeep No. PBF-6959 being driven by Megh Raj came from the front side. Const. Labh Singh had known Megh Raj since earlier due to his posting at P.S. Boha. Megh Raj was driving the jeep rashly and negligently and at a fast speed. Constable Harcharan Singh took the motor cycle towards his left hand side seeing the jeep being driven at a high speed. The jeep hit the motor cycle from front side from its right side rashly. Const. Harcharan Singh fell down. Const. Labh Singh also fell down. Megh Raj stopped the jeep at some distance after having seen them fallen on the road but again took away the jeep running it at a high speed towards bus stand of village Boha. Balbir Singh, who is brother-in-law of Const. Labh Singh, and his friend Nikka Singh who were standing on the bridge or Rajwaha, witnessed the occurrence and they came near them. He took Const. Harcharan Singh and Const. Labh Singh to P.H.C., Boha, after leaving Nikka Singh at the spot. Const. Harcharan Singh was declared dead. Const. Labh Singh was referred to Civil Hospital, Budhlada. Accident took place because of the rash and negligent driving of the jeep by Megh Raj resulting in the death of Const. Harcharan Singh and injuries to Const. Labh Singh. Const. Labh Singh reported the matter to the police on the basis of which case FIR No. 60 was registered at P.S. Boha on 16.8.1990 under Sections 304- A/279/338, IPC. After investigation, the accused was challaned.

(2.) ACCUSED was charged under Sections 304-A/337/338, IPC. He pleaded not guilty and claimed trial. At the conclusion of the trial, learned Judicial Magistrate 1st Class, Mansa, found the charge proved against him. He accordingly convicted him thereunder vide order dated 21.8.1997 and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/-, in default of payment of fine to undergo further rigorous imprisonment for one month under Section 304-A, IPC. He further sentenced him to undergo rigorous imprisonment for one month under Section 337, IPC. He further sentenced him to undergo rigorous imprisonment for two months under Section 338, IPC. He ordered the sentences to run concurrently.

(3.) MEGH Raj has knocked the door of this Court through this revision whereby he has prayed that he be acquitted as he has been unjustly convicted by the two courts below.