SAGAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since both these petitions have been directed against the order dated 4.2.1997 passed by the learned Addl. Sessions Judge, Pali in Sessions Case No. 4/1998 whereby the accused petitioner Sagat Singh @ Chhagan Singh, being Driver of the offending Bus No. RJ 19-P-2989 and Anop Singh, who was Conductor of the Bus, being challaned under Sec. 304 and Sec. 304/107, IPC, have been ordered to be charged with and have been formally charged as such for commission of the aforesaid offences respectively and, resultantly, both these accused petitioners have filed S.B. Criminal Revision Petition No. 111/1998 in the first instance. However, the accused petitioner Anop Singh has also, on the similar grounds, filed another similar Petition No. 115/1998 and, accordingly, with the consent of learned Counsel for the petitioners appearing on their behalf, the Petition No. 115/1998 is ereby consolidated with the Petition No. 111/1998 and both these petitions are being disposed of by this common order.

(2.) Briefly stated, the facts giving rise to the petition are that the said Bus was plying from Jetpur to Pali via Gadwara on 26.8.1997 and the petitioners Sagat Singh and Anop Singh were its Driver and Conductor. The Bus, lastly, left the Bus Stand of Village Jetpur for Pali Via Gadwara route and the same reached the bank of the "Bandi" River which was in spate and the running water was swelling and, the persons present at the bank of the River on both the sides as well as the passenger asked the Driver as well as the Condutor not to cross the River in such a condition but, however, without heeding to the requests and warnings of the passengers and other persons present there, the Driver and the Conductor decided to cross the River and, consequently, the bus was driven towards Pali and no sooner the same entered the swelling and increasing water, the Driver of the vehicle could not control the Bus which swerved from its routs and over turned into the River water, lastly, resulting in sweeping away and killing 17 passengers by drawing resulting in their asphyxia deaths.

(3.) An FIR No. 133/1997 under Sec. 304, IPC was registered at the Police Station, Kerla and, after completion of investigation, a chage sheet for commission of aforesaid offence was filed in the Court of Addl. Chief Judicial Magistrate (Pollution), Pali and, resultantly, the case stood committed to the Court of Sessions Judge, Pali who, in turn, made it over to the learned Addl. Sessions Judge, Pali and, after hearing arguments of both sides, while rejecting all objections against framing of charges under the aforesaid sections against the accused petitioners, vide impugned order, it was held that there was overwhelming evidence to show that the accused persons were warned repeatedly by the witnesses not to drive the Bus into the swelling River but the accused-petitioners knowingly ignored the protests and warnings from the witnesses and drove the Bus into the River and hence both the accused-petitioners had a prerequisite knowledge that by their act, they are likely to cause death of the passengers and yet they committed the act ot driving the Bus into the swelling water of the River resulting in as many as 17 deaths and, therefore, the accused-petitioners were prima facie liable for commission of offences with, which they have been so ordered and consequentially charged with.