ANGREJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in the present petition is to the judgment and order dated 18.5.2012 passed by the learned Sessions Judge, Amritsar, whereby while setting aside the judgment of acquittal dated 6.6.2011 passed by the learned Sub Divisional Judicial Magistrate, Baba Bakala, District Amritsar, the petitioner was convicted under Sections 286, 427 and 435 IPC and sentenced to undergo RI for six months under Section 286 IPC; RI for two years under Section 427 IPC and RI for four years under Section 435 and to pay a fine of Rs.5000/- and, in default of payment of fine to further undergo RI for six months. All the sentences were ordered to run concurrently.

(2.) As per the case of the prosecution, on 17.8.2007, ASI Tarsem Singh along with other police officials of Police Station Beas, was present at the bus stand Beas, where he received a telephonic message regarding a bus having caught fire on G.T. Road near the bridge. He sent for a Fire Brigade of Radha Swami Dera, Beas. He along with the other police officials, reached the spot. There, complainant Ninder Singh, conductor of the bus, got his statement (Ex.P1) recorded, stating therein that he was working as a Conductor in the Punjab Roadways, Depot 1, Amritsar; that accused-petitioner Angrej Singh was the driver of the bus; that on 17.8.2007, he had been on duty as conductor and the petitioner as driver of bus No. PB02-AP-9924 going from Amritsar to Shimla; that when they were to leave from Roadways Workshop at Amritsar at about 7.15 p.m., then Shri Vijay Kumar, Yard Master, told them that Shri Amritpal Singh, Deputy Director, Punjab Roadways, had given a telephonic call that two gas cylinders were to be collected from Gas Agency of Anokh Singh, an employee of Roadways, at village Fattuwal near Rayya and were to be delivered to the Supervisor at Bus Stand, Sector 43, Chandigarh; that they had left the bus stand Amritsar at 7.50 a.m. having 30/35 passengers and from Gas Agency of Anokh Singh at village Fattuwal, petitioner - Angrej Singh, took two gas cylinders and placed one in front of the bus and the other on the rear portion; that when they were a little short of bridge of Beas, in the area of Beas, the gas cylinder placed in front started leaking; upon this the petitioner had stopped the bus and the passengers got alighted; that the bus cylinder got burst and the bus caught fire; the bus tickets also got burnt and that a bag containing cash amount of Rs.28,000/- belonging to Shivcharan Goyal, resident of 117, Shalimar Bagh, Delhi, also got burnt. Upon this statement, FIR, Exhibit PB, was recorded. Investigation in the matter was conducted and the burnt bus along with the two cylinders were taken into possession. Statements of the witnesses were recorded. The petitioner was arrested and later and later admitted to bail.

(3.) After completion of investigation and necessary formalities, challan was presented against the petitioners.