RANDHIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 4.12.2002 rendered by the Court of Additional Sessions Judge, Patiala, vide which it dismissed the appeal against judgment of conviction and order of sentence dated 8.7.2002 rendered by the Court of Additional Chief Judicial Magistrate, Patiala, vide which it convicted the present revision- petitioner for offence under Sections 279/304-A of the Indian Penal Code (for short, 'IPC') and sentenced to undergo rigorous imprisonment for six months and to pay fine of Rs. 200/- and in default of payment of fine to further undergo rigorous imprisonment for 15 days for offence under Section 279 IPC and further sentenced to undergo rigorous imprisonment for 9 months and to pay fine of Rs. 300/- and in default of payment of fine to undergo rigorous imprisonment for 15 days for offence under Section 304-A IPC.

(2.) BRIEFLY stated, the case of the prosecution is that on 10.4.1999, Jagdish Gupta, complainant alongwith his wife Smt. Bimla Gupta, his son Amit Kumar, his daughter Anu Gupta, Joginder Goyal and his wife had gone to Vaishno Devi in a bus bearing registration No. DL-1PA-3588. There were total 45 passengers in the bus. On 12.4.1999 at about 7.00 p.m. they left Katra and on return journey on 13.4.1999 at about 4.30 a.m. when they reached near Octroi post on Sirhind Road, Patiala, a tractor was coming from opposite direction. The driver of the bus was driving it at a very fast speed, i.e. 120 km per hour. Complainant and other passengers requested the driver of bus to drive the same at a slow speed, however, driver did not pay heed to their request. He lost control over the bus and hit against a tree due to which the passengers travelling in the bus sustained injuries. Anu Gupta, daughter of the complainant and one Gaurav Bansal sustained injuries and they succumbed to the injuries at the spot. The other injured and the dead bodies of Anu Gupta and Gaurav Bansal were taken to Rajindra Hospital, Patiala, in a jeep.

(3.) AFTER completion of the investigation, report under Section 173 of the Code of Criminal Procedure (for short 'Cr.P.C.') was filed against the present revision-petitioner for his trial for offences punishable under Sections 279/304-A IPC. He was charged accordingly by learned trial Court to which he did not plead guilty and claimed trial.