MOHAN SINGH Vs. STATE OF U.T., CHANDIGARH

JUDGEMENT

(1.) THE prosecution case in brief is that on 17.5.1990 Nazir Ahmad alongwith his brothers Saffi Ahmad and Ayub, his brothers-in-law Gulab Nabi and Israyal hired a truck bearing registration No. PBO 1143 for Rs. 1,100/- from the truck union Raipur Rani which was being driven by Mohan Singh. This truck proceeded towards Ludhiana at about 1.00 AM on 17.5.1990 after loading it with vegetables. It may be stated here that Nazir Ahmad had taken land on lease in village Ferozepur, Police Station Raipur Rani and was growing vegetables on that land and selling them at Ludhiana. He used to take vegetables in trucks to Ludhiana. All of them sat in the truck and when this truck reached the crossing of Sectors 37/36/41/42, in the meantime truck bearing No. PCI 4785 came from Mohali side. It was being driven by Chhotu in a rash and negligent manner. These trucks were being driven at fast speed. The occupants of the truck raised alarm that the speed be slowed down but the truck driver paid no heed to their alarm. Similarly Mohan Singh also did not slow down the speed of truck No. PBO 1143. The driving of the said trucks by Mohan Singh and Chhotu rashly and negligently and at fast speed gave rise to collision between the two trucks. As a result of that collision trucks turned turtle and all the occupants of the truck together with the driver of their truck i.e. Mohan Singh and conductor suffered injuries. Chhotu Ram driver of the other truck also suffered injuries. They were removed to PGI, Chandigarh for treatment. Saffi Ahmad succumbed to injuries in PGI, Chandigarh. Nazir Ahmad reported the matter to the police. In his statement, he imputed the accident to rash, negligent, careless and fast driving of the trucks of both the drivers of the truck. Case FIR No. 128 dated 17.5.1990 was registered under Sections 279/337/338/304-A of the Indian Penal Code at Police Station Sector 39, Chandigarh. After investigation, accused Mohan Singh and Chhotu were challaned.

(2.) THEY were charged under Sections 279/338/304-A of the Indian Penal Code by the Judicial Magistrate Ist Class, Chandigarh vide order dated 5.2.1991. They pleaded not guilty to the charge and claimed trial.

(3.) AGGRIEVED from their conviction and sentence recorded by the learned Magistrate vide order dated 14.6.1995, they went in separate criminal appeals to the Court of Session. Learned Additional Sessions Judge, Chandigarh dismissed both the appeals and maintained the conviction and sentence awarded to them by the learned Magistrate.