SADHU SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was tried for committing the offence punishable under Ss. 279, 337, 304-A IPC. Vide judgment and order dtd. 28/1/2009, learned Judicial Magistrate, Ist Class, Ludhiana, held the petitioner guilty under the aforesaid Ss. and sentenced him to undergo RI for 2 months under Sec. 279 IPC and to pay a fine of Rs.500.00 and, in default of payment fine, to further undergo simple imprisonment for seven days; six months RI under Sec. 337 IPC and to pay a fine of Rs.500.00 and, in default of payment of fine, to further undergo simple imprisonment for seven days, and one year RI under Sec. 304-A IPC, and to pay a fine of Rs.500.00 and, in default of payment of fine, to further undergo simple imprisonment for one month.

(2.) Aggrieved there-against, the petitioner preferred an appeal before the learned Sessions Judge, Ludhiana. However, vide judgment dtd. 24/10/2011, the appeal filed by the petitioner had been dismissed by the learned Additional Sessions Judge, Ludhiana. Still aggrieved, the petitioner has preferred the present revision petition.

(3.) As per the prosecution case, on 2/12/2000, complainant Amarjit Singh got his statement recorded to the effect that on 2/12/2000 itself, he along with his nephew Manjit Singh and son Joginder Singh, was travelling in a Maruti car bearing registration No. DAC6438, whereas his other nephew, namely, Ant Pal along with his wife, Harbans Kaur and their children as also Paramvir Singh (son of his other nephew) were travelling in the Gypsy bearing Registration No. HP-25-0730. They all had gone to the house of the in-laws of Ant Pal Singh at village Bomba, Police Station Samrala, to enquire about the well being of Ant Pal Singh's brother-in-law. At about 3.30 p.m., when they had reached about 50/60 yards to Bhaini Sahib Chowk, at that time, the Gypsy driven by his nephew Ant Pal, which was going in front of Maruti car, was hit by a bus of Punjab Roadways, being driven at a very high speed by a Sikh driver. Later on the complainant came to know that the name of the bus driver was Sadhu Singh with the registration number of the bus as PB-12B-9813. As a result of the aforesaid, the Gypsy was torn into pieces. The complainant's nephew Ant Pal Singh, had received injuries, whereas his wife Harbans Kaur died at the spot itself. All the three children, who were sitting on the back seat, had also received injuries. While the complainant was busy in taking care of the injured and the deceased, Sadhu Singh, driver had fled from the spot. The injured were removed to the hospital at Ludhiana for the treatment. The aforesaid accident had occurred due to the rash and negligent driving of Sadhu Singh, bus driver. A ruqa was sent by the police for registration of the FIR. Bus and Gypsy involved in the accident, had been taken in possession by the police vide separate memos. Subsequently, one Avtar Singh had produced accused Sadhu Singh and he was arrested and later released on bail.