GURCHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been preferred against the judgment dated 12.11.1994 passed by the Court of learned Additional Sessions Judge, Faridkot whereby he dismissed the appeal filed against the judgment/order of sentence dated 12.7.1991 rendered by the Court of learned Judicial Magistrate Ist Class, Moga, whereby he convicted and sentenced Gurcharan Singh accused to undergo rigorous imprisonment for a period of year and to pay a fine of Rs. 500/- under Section 304-A IPC and in default of payment of fine to further undergo rigorous imprisonment for one month and further sentenced him to undergo rigorous imprisonment for three months under Section 279 IPC with a further direction that both the sentences shall run concurrently.

(2.) SHORTLY put the facts of the prosecution case are that on 20.2.1987 Mohan Singh made a statement before the police that he and his brothers Darshan Singh and Gopal Singh, his father Kapoor Singh and his son Nirmal Singh were returning home after attending the marriage ceremony. His father Kapoor Singh, brother Gopal Singh and son Nirmal Singh were going ahead of him as well as his brother Darshan Singh. Around 8.00 P.M when they covered a distance of about 100 yards beyond the bridge of the seepage drain towards Baghapurana, meanwhile, a bus bearing registration No. PJG-3117 of Punjab Roadway being driven by Gurcharan Singh in a very rash and negligent manner came from Baghapurana side at a very fast speed. The bus went out of driver's control and thus the same ran over his father Kapoor Singh, his brother Gopal Singh and his son Nirmal Singh, as a result of which, his father Kapoor Singh and brother Gopal Singh died at the spot, whereas his son Nirmal Singh was seriously injured. On being taken to the Civil Hospital, he was also declared dead. The bus had rolled down into the ditches. On the basis of this statement, the case was registered. Accused was arrested. After observing usual formalities and on completion of investigation, the charge-sheet was laid in the Court for trial of the accused under Section 304-A/279 of IPC.

(3.) AFTER hearing the learned Assistant Public Prosecutor for the State, the learned defence counsel and examining the evidence on record, the learned trial Court convicted and sentenced the accused as noticed at the outset. Feeling aggrieved therewith, he went up in appeal, which was dismissed by the Court of learned Additional Sessions Judge, Faridkot. Being undaunted and dissatisfied with the judgments recorded by both the Courts below, he has preferred this revision.