BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is criminal revision filed by Balbir Singh against the order of Additional Sessions Judge, Amritsar dated 1.12.1998 whereby he maintained the conviction and sentence of RI for 2 years and fine of Rs. 2,000/- under Section 304-A IPC and RI for 6 months and fine of Rs. 200/- under Section 337 IPC passed on him by Judicial Magistrate First Class. Amritsar vide order dated 8.2.1997 in case FIR No. 167 of 1989 under Sections 304-A/338/337/427 IPC of PS 'C' Division, Amritsar.

(2.) THE prosecution case in brief is that on 2.10.1989 Satpal Singh son of Gurdit Singh resident of Chowk Prag Dass, Amritsar reported to SI Paul Singh of PS 'C' Division Amritsar that he along with his wife Smt. Charanjit Kaur and sister-in-law Paramjit Kaur was going to his house along the road after meeting his relations from Chatiwind Nahar, Amritsar that his wife was run over by bus PJG 4307 of Punjab Roadways, Patti Depot. His sister-in-law Paramjit Kaur and Jitender Kaur Helper of the pick-up van got injured. Paramjit Kaur had already been sent for treatment to the hospital. Jitender Kumar was sent to the hospital for treatment with constable Sushil Kumar. In that statement, Satpal Singh got recorded that the bus was coming for their behind at a very fast speed without blowing any horn and it first dashed against the pick-up van which was standing on the kucha berm of the road. Driver of the bus dashed the bus against the pick up van when he was not observing due care and caution which was expected of him. On statement Ex. PW-9/A, case FIR No. 167 was registered at PS 'C' Division, Amritsar under Sections 304-A/337/338/427 IPC. During investigation it transpired that Balbir Singh accused was the author of this accident. Place of accident was photographed by Moti Lal of Shakti Photo Studio, Amritsar. Pick up van and bus were taken into possession. They were got mechanically tested from Shri Surinder Singh, Assistant Fitter, Punjab Roadways, Patti depot. He did not find any mechanical defect in the bus. After investigation, accused was challaned. Accused was charged under Sections 304-A/337/338 IPC by Judicial Magistrate First Class, Amritsar vide order dated 3.12.96. He pleaded not guilty to the charge and claimed trial.

(3.) I have heard the learned counsel for the petitioner and have gone through the record.