PIARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PIARA Singh petitioner, who was driver of ill-fated bus has filed the present revision against his conviction and sentence on the allegations that by rash and negligent driving be caused the death of seven persons and caused injuries to several other persons including Meena Devi, PW 2, whose right leg had to be amputated and Chander Rekha, PW.3 who had fractured her leg.

(2.) ON 4.3.1984, the petitioner was driving bus No. PBL 309 and was proceeding from Chandigarh to Kharar on the highway. When it was around 11 A.M. he came across an Ambassador car bearing No. CHA-8995 which allegedly took a sudden turn on the road so as to move to village Daun. The petitioner could not control the vehicle and suddenly applied brakes as a result of which he struck the bus against the said car thereby causing injuries to the occupants of the car. Thereafter, the bus went ahead and did not stop and ran into the bus stop killing seven persons, namely, Suraj Prakash, Maya Devi, Naresh (Master Arun), Bhagwanti, Harjinder Singh, Karnail Kaur alias Jarnail Kaur and Tribhawan Jot Kaur besides injuring Amar Kaur, Hari Pal and Baljit Kaur etc. The matter was reported to the police. The Investigating Officer, SI Jaspal Singh, PW.20, prepared the rough site plan Ex. PW.20/A, despatched the dead bodies of the deceased for post mortem examination and the injured to the hospital for medical treatment. The post mortem reports indicated that the bodies of the deceased were badly crushed. The scene of accident with so many corpses was witnessed by a large number of persons besides the eye witnesses, namely, Meena Devi, PW.2 Chander Rekha, PW.3, Nagia Ram, PW.4, Hari Pal, PW.6, Baljit Kaur, PW.8 and Suhagwati, PW.25, indicating the alleged rash and negligent driving of the driver of the bus for which he was challaned and prosecuted. The learned trial Court after considering the evidence on the record convicted the petitioner under Sections 304-A, 337 and 338 of the Indian Penal Code. He was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1000/- under Section 304-A of the Indian Penal Code. In default of payment of fine he was ordered to undergo further rigorous imprisonment for three months. He was further sentenced to undergo rigorous imprisonment for six months each for offences under Sections 337 and 338 of the Indian Penal Code. However, all the substantive sentences were ordered to run concurrently. In appeal filed by the petitioner, the learned Sessions Judge, Ropar, maintained the order of conviction and sentence passed by the learned trial Court. Hence this revision.

(3.) THE learned counsel relied upon the authorities of this Court in Sultan Singh v. State of Haryana, 1986(2) C.L.R. 18 and Mohan Singh v. State of Punjab, 1979 PLR 631. In these cases a cyclist came in front of a vehicle and to save him another accident took place and, therefore, it was held that it was not the fault of the driver.