- (1.) BY way of this order, I shall dispose of CRA No. S -1015 -SB of 2011 titled SB of 2011 titled "Iqbal Singh vs. State of Punjab" as these are the off shoot of judgment dated 22.1.2011 passed by the Sessions Judge, Faridkot convicting and sentencing the appellants for commission of offence punishable under Sections 304 Part II and 308 of the Indian Penal Code (for short "IPC") and Section 175 of the Railways Act, 1989 (for short "the Act"), extracted hereinbelow: - Kulwinder Singh, appellant Under Section 304 Part II IPC To undergo rigorous imprisonment for six years and to pay a fine of Rs. 25,000/ - and in default of payment of fine to further undergo rigorous imprisonment for one year. Under Section 308 IPC To undergo rigorous imprisonment for four years and to pay a fine of Rs. 15,000/ - and in default of payment of fine to further undergo rigorous imprisonment for six months. Under Section 175 of the Act To undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000/ - and in default of payment of fine to further undergo rigorous imprisonment for one month. Iqbal Singh, appellant Under Section 304 Part II IPC To undergo rigorous imprisonment for six years and to pay a fine of Rs. 25,000/ - and in default of payment of fine to further undergo rigorous imprisonment for one year. Under Section 308 IPC To undergo rigorous imprisonment for four years and to pay a fine of Rs. 15,000/ - and in default of payment of fine to further undergo rigorous imprisonment for six months. and identical questions of law and facts being involved for adjudication.
(2.) THE facts, extracted from the judgment of the learned trial court, read that on 14.12.2007 at about 8.35 a.m., train No. 4629 UP Satluj Express was given clearance and while passing through gate No. C -40 met with an accident with mini bus bearing No. PB -29E -9482 driven by accused Iqbal Singh. As a result of this occurrence, 16 persons travelling in the bus were killed and 12 others sustained injuries. The Station Master, Northern Railways, Moga sent intimation in writing Ex. P 63 to the Incharge GRP Moga about the accident. SHO Ajaib Singh along with senior officers of the local administration rushed to the site of accident, the injured were shifted to the hospital. Kulwinder Singh and Iqbal Singh accused were arrested in the case being responsible for the occurrence. Kulwinder Singh is stated to be deputed to man the railway crossing/gate No. C -40 at the relevant time and Iqbal Singh was the driver of the mini bus. Kulwinder Singh was placed under suspension and order of suspension Ex. P123, certificate regarding his duty at the relevant date and time Ex. P 124, his identity Card Ex. P127 were taken into police possession. Statements of the witnesses were recorded. Site plan of the place of accident was got prepared from a draftsman. On investigation being completed, challan was presented in the Court for trial of the accused.
(3.) THE case was committed to the Court of Sessions as offence under Sections 304 and 308 IPC being exclusively triable by the said court. The accused were charged for commission of offence punishable under Sections 304 and 308 IPC and charge under Section 175 of the Act was also framed against Kulwinder Singh to which the accused pleaded not guilty and claimed trial. To prove its case, the prosecution examined as many as 33 witnesses namely, Dr. Rajpal Singh Grewal, SMO, Civil Hospital, Jagraon PW1, Dr. Harinder Sharma, M.O. Civil Hospital, Jagraon PW2, Dr. Sanjeev Kumar Jain, M.O. Civil Hospital, Moga PW3, Dr. Yogesh Khanna, M.O. Civil Hospital, Moga PW4, Dr. Joginder Sahota, M.O.,Civil Hospital, Moga PW5, Dr. R.K.Karkara, M.O., Civil Hospital, Jagraon PW6, Dr. Sukhjiwan Kakkar, M.O. Civil Hospital, Samrala PW7, Sarwan Singh, M.O. PW8, Gurnam Singh, Clerk O/o DTO, Moga PW9, Ramesh Chander, Assistant Station Master, Moga PW10, Zorawar Singh PW11, Suresh Kumar, photographer PW12, Kuldeep Kumar PW13, Kartar Chand, Assistant Station Master, Ajitwal PW14, Kapil Narula, photographer PW15, Kanti Saroop Manocha, photographer PW16, ASI Balwant Singh PW17, HC Veer Chand PW18, Dr. Arun Kumar Gupta PW19, Dr. Ranbir Kaur, M.O., Civil Hospital, Jagraon PW20, Tarlochan Singh PW21, Baldev Singh PW22, Raja Singh PW23, Khunda Singh PW24, Harpal Singh PW25, Jagdeep Singh, a minor student of 9th class PW26, Sukhchain Singh, owner of the bus PW27, Radhey Sham driver of train No. 4629 UP -Satluj Express PW28, Amarjit Singh Senior Section Engineer, Northern Railways PW29, Hirdey Narain Gangman PW30, Constable Ajmer Singh PW31, Constable Jaspal Singh PW32 and Inspector Ajaib Singh (since retired), Investigating Officer PW33.;