BUTA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prosecution case in brief is that on 5.4.1991 Gurmail Singh his brother Harnek Singh, his wife Virpal Kaur. Baljit Kaur wife of Harnek Singh, Mander Singh brother-in-law of Gurmail Singh and Kuchi Singh were going in jeep No. UHC- 4295 which was being driven by Lila Singh son of Malla Singh resident of village Gurusar. Harnek Singh was sitting on the front seat towards its left side, Mander Singh was sitting on the front side in between Harnek Singh and the driver. Baljit Kaur and Virpal Kaur were sitting on the left side, and Gurmail Singh and his brother-in-law Kuchi Singh were sitting on the right side of the back seat of the jeep. The jeep was being driven at slow speed by its driver. At about 6.00 PM when the jeep reached near the petrol pump owned by an Ex-army man in the area of Mansa, truck No. HYN-3285 came from the left side of the jeep from the enclosure, which was being driven by Buta Singh son of Harnek Singh (whose name came to be known later). He was reversing the truck rashly and negligently. Driver of the jeep tried his best to avert the mishap. The driver of the truck at once drove the truck on to the road and struck the jeep with its left side. As a result, Harnek Singh sustained injuries on his face and fell down behind the truck. Virpal Kaur, Baljit Kaur and Mander Singh also sustained injuries. Gurmail Singh, his brother-in-law Kuchi Singh and Mander Singh, left the jeep at the place of the accident and took Harnek Singh, Virpal Kaur and Baljit Kaur in a peter rehra to the Civil Hospital, Mansa and got them admitted there. Harnek Singh died on arrival in Civil Hospital, Mansa. Later on Baljit Kaur also died. Harnek Singh and Baljit Kaur died because of the injuries suffered by them in the accident authored by Buta Singh due to his rash and negligent driving of the truck. Virpal Kaur and Mander Singh also suffered injuries on that account. Matter was reported to the police by Gurmail Singh vide statement Ex.PA on the basis of which case was registered under Sections 279/337/304-A of the Indian Penal Code at Police Station City, Mansa. After investigation, Buta Singh was challaned.

(2.) Accused was charged under Sections 279/337/304-A of the Indian Penal Code, to which he pleaded not guilty and claimed trial.

(3.) On the conclusion of the trial, Chief Judicial Magistrate, Mansa vide order dated 19.1.1998 found the charge under Sections 279/337/304-A 'of the Indian Penal Code proved against the accused. He accordingly convicted him thereunder and sentenced him to undergo rigorous imprisonment for six months under Section 279 of the Indian Penal Code. He sentenced him to undergo rigorous imprisonment for six months under Section 337 of the Indian Penal Code. He sentenced him to undergo rigorous imprisonment for two years and to pay fine of Rs. 3,000/- or in default of payment of fine to undergo further rigorous imprisonment for three months under Section 304-A of the Indian Penal Code. He order the substantive sentences to run concurrently.