KEWAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 14-2-2002, rendered by the Court of Additional sessions Judge, Sangrur, vide which it dismissed the appeal against the judgment of conviction dated 8-6-1999, and the order of sentence dated 9-6-1999, rendered by the court of Judicial Magistrate 1st Class, sangrur, convicting the accused (now revision-petitioner), for the offence, punishable under Section 304-A of the Indian Penal code and awarding him sentence to undergo ri for a period of six months and to pay a fine of Rs. 500/-, in default of payment of fine, to undergo further RI for a period of one month.

(2.) THE First Information Report, in this case, was recorded on the basis of statement ex. PC, made by Gajjan Singh, complainant. According to the allegations, contained in the FIR, on 18-2-1997 at about 5. 00 p. m. Gajjan Singh, Gurcharan Singh and Balbir singh were standing in-front of his (Gajjan singh's) house, situated in Krishan Pura basti, on link road. They were talking to each other. Shakuntala Devi along with his grandson Deepu, was standing near them. In the meanwhile, bus No. PB-11-E-9608 of PRTC, barnala Depot, came at a very high speed, without blowing horn, from the side of nankiana Sahib road and it was to go towards Bus Stand, Sangrur. The driver of the bus by driving the same, in a rash manner, struck the left front side of the same, against his wife Shakuntala Devi, as a result whereof, she fell down on the ground and bus overran both her legs. Her left leg was fractured. She also suffered other serious injuries. Deepu came under the bus and died at the spot. The driver of the bus stopped it and, on enquiry, he told his name to be kewal Singh and conductor thereof, disclosed his name as Harbhajan Singh. Gajjan singh left Balbir Singh at the spot, and took shakuntala Devi to Civil Hospital, Sangrur, with the help of Gurcharan Singh and got her admitted there. Shakuntala Devi succumbed to the injuries. During the course of investigation, the site plan was prepared. The statements of the witnesses were recorded. The accused was arrested. After the completion of investigation, the accused Was challaned.

(3.) ON his appearance, in the Court, the accused was supplied the copies of documents, relied Upon by the prosecution. Charge under Section 304-A, IPC, was framed against the accused, to which he pleaded not guilty, and claimed judicial trial.