- (1.) THIS is a revision petition against the concurrent findings of the courts below by petitioner Ram Singh (hereinafter referred to as the accused) whereby the accused has been convicted and sentenced under Sections 279, 337 and 304 -A IPC for having caused death of Jaswinder Singh and Harcharan Singh as also for injuring Bal Kishan and Roop Chand by driving his truck bearing No.MP -09D -2465 (hereinafter mentioned as the truck) negligently on a public road on 7.10.1997.
(2.) CHARGE was framed against the accused under Sections 279, 337 and 304 -A IPC pursuant to submission of final report under Section 173 Cr.PC before the concerned court. He had pleaded not guilty to the charge and had claimed trial.
(3.) IN order to prove its case, the prosecution had examined 13 witnesses. Version of the prosecution is mainly sustained and supported by complainant Harvinder Singh (PW3), injured Bal Krishan (PW2), injured Roop Chand (PW12), eye -witness Gulshan Kumar (PW4), Dr. O.P.Aggarwal (PW7), Dr. Kuldeep Singh (PW11) and investigating officer SI Virsa Singh (PW13). On the other hand, version of the accused in his statement under Section 313 Cr.PC was that he had falsely been implicated in the case as he was neither the driver nor was even accompanying the driver of the truck on the alleged day of accident. He further pleaded that he had employed one Rajinder Singh @ Raju, a resident of Kishanpura, District Solan (HP) as a driver and that on being informed by the police that the truck had caused accident whereas the driver had fled away, he had reached the Police Station, Sadar Patiala. He further pleaded that his driver had told him that while going from Samana to Patiala to unload raw bananas in the truck, when the truck had reached near Dhakraba Bridge on Samana -Patiala road, a jeep from Patiala side was coming in a zigzag manner and when the truck driver blew horn and used dipper but had found no way, had parked the truck on the Kaccha berm of the road towards his left side. The lights of the truck were on and the jeep went out of control and then struck against the stationary truck. It is claimed that jeep driver was dead drunk.;