Punjab-Haryana High Court
Gurdev Singh And Ors. vs The State Of Haryana on 8 August, 1990
Equivalent citations: I(1991)ACC224
JUDGMENT S.D. Bajaj, J.
1. Around 9.30 P.M. on 27th October, 1980 motor-cycle No. UST 9837 was being driven by Sukhvindcr Singh (now deceased) from Delhi to Faridabad and private bus No. DEP 2868 was being by accused Gurdev Singh from Faridabud to pellii. The two vehicles came across each other from opposite directions at the Badkhal Lake Crossing on Mathura Road and had an impact. It is stated by the two eye-witnesses in Narain Singh P.W 1 and Mudan Pal P.W. 7 that at the relevant time accused Gurdev Singh was driving his bus rashly, negligently and at an excessive speed without blowing any horn or using the dipper and the bus could come, to a slop, gradually at some distance from the place of occurrence after the impact and that the motor-cyclist fell down on the road from his motor cycle on the bus driven by the accused slacking it and died instantaneously.
2. Vide its impugned judgment dated 23rd April 1985 learned trial Court of Judicial Magistrate 1st Class, Faridabad, convicted accused Gurdcv Singh of the commission of offences under sections 279, 304A and 427 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of 3 months and to pay Rs. 200/- as fine for his conviction under Section 279, of the Indian Penal Code. In default of payment of line, the accused was ordered to undergo rigorous imprisonment for a further period of 20 days. Learned trial Court awarded to the accused petitioner rigorous imprisonment for a period of one year and fined him Rs. 1000/- for his conviction under Section 304A of the Indian Penal Code. In default of payment of fine the accused was ordered to undergo rigorous imprisonment for a further period of two months. In respect of his conviction under Section 427 of the Indian Penal Code, the accused was sentenced to undergo rigorous imprisonment for a period of one year and fined Rs. 200/-. In do fault of payment of fine the accused was ordered to undergo rigorous imprisonment for a further period of 20 days. Substantive sentences of imprisonment awarded to the accused on all these counts were, however, ordered to run concurrently. Fine of Rs. 1400/- imposed on accused on all the three counts was ordered to be paid to the legal representatives of the deceased on realisation.
3. In appeal learned Additional Sessions Judge, Faridubad, set aside the conviction and sentence under Section 427 of the Indian Penal Code and observed that no separate order of sentence was required to be passed by the learned trial Court in respect of the conviction of accused under Section 279 of the Indian Penal Code. Conviction of accused under Sections 279 and 304A of the Indian Penal Code and the sentence awarded to him for his conviction under Section 304A of the Indian Penal Code were, however, maintained. Feeling aggrieved from the impugned judgments of the learned two courts below convicted accused Gurdev Singh has filed Criminal Revision Petition No. 948 of 1985 in this Court.
4. I have heard Shri Mahcsh Grovcr, Advocate, for the petitioner, Shri R.K. Singla, Advocate, for the State and have carefully gone through the entire record of proceedings before the learned two courts below.
5. Speaking of the occurrence, Shri Narain Singh P.W. 1 stated before the learned trial Court on 6th October, 1981, "about 11 months ago at about 9.30 P.M. I was travelling on my cycle on the Maihura Road. A Motor Cycle came from the side of Delhi, with front light on. A bus came from the side of Faridabad with flood lights. The bus was being driven at very fast speed and struck against the motor cycle. The occupant of the motor cycle died within moment The motor cycle was badly damaged. The driver of the bus on being, asked by us told his name to be Gurdev Singh, now accused present in (he court. On Madan Lal also came there in the meantime."
6. Madan Pal P.W. 7 second eye-witness to the occurrence who came to be examined on 6th October, 1983 stated that three years earlier around 9.30 P.M. he was on his way from Railway Station, Faridabad, towards his native village Mavla Maharajpur. When he reached the Badhkal Crossing on Mathura Road, the witness saw a private bus coming from Faridabad enroute to Delhi, which was being driven rashly, negligently and at an excessive speed without blowing horn and without using the dipper. While from the opposite direction was seen by the witness a motor-cycle with head lights on coming from Delhi towards Faridabad, that the bus struck against the motor cycle resulting in fall and instantaneous death of the person driving it.
7. Dr. A.S. Hooda, Medical Officer, P.W. 4 who "conducted Post-mortem examination on the dead body of deceased Sukhvindcr Singh, motor cyclist states, "On 28.10.80 at 3.30 P.M. I conducted Post-mortem on the dead body of Sukhvindcr Singh S/o Indcr Singh r/o 31, Arjun Nagar, Gaziabad, aged 29/30 years. The dead body was brought by Constable Ram Saran No. 615, 'H.C. Bishan Sarup No. 266, Police Post Old Faridabad. Body was identified by Gurcharan Singh and Rajinder Singh. I prepared the Post-mortem report Ex. PW 4/A which is in my hand and prepared by me, which bears my signatures. In my opinion, all the injuries mentioned in report Ex. P.W. 4/A were antimortem and possible in a traffic accident: death in this case was due to shock and hemorrhage and injuries to the vital organs as mentioned."
8. Relevant Sections 279 and 304A of the Indian Penal Code read:
279. Rash driving or riding on a public way: Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
304A. Causing death by negligence: Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide "shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
9. Driving bus No. 2868 rashly, negligently, at an excessive speed without blowing any horn and without using the dipper is duly proved from the depositions on solemn affirmation of the two eyewitnesses in Narain Singh P.W. 1 and Madan Pal P.W. 7. Dr. A.S. Hooda P.W. 4 states that the rash and negligent driving of the bus aforesaid by the accused at the relevant time brought about the death of Sukhvinder Singh deceased; who was riding motor-cycle No. UST 9837 and approached the place of impact at Badkhal Lake Crossing from the opposite direction.
10. Interested self-exculpatory denial of the incident by the accused in the course of his statement under Section 313 of the Code of Criminal Procedure is of no held to him; more so when the accused was apprehended at the place of occurrence and both the eye-witnesses identified him in Court.
10. Finding of guilty returned against the convicted accused appellant by the learned trial court and confirmed by the learned Appellate Court is, therefore, reaffirmed. Sentence awarded to the accused petitioner by the learned Appellate Court is also legal and commensurate to the lapse attributed to him. There is obviously no scope to tinker with it in the present revision petition dismissed.
12. Accused petitioner is on bail from this Court vide order dated 23rd July, 1985, Learned Chief Judicial Magistrate, Faridabad, would get him arrested and remit him to jail custody for undergoing the unexpired portion of the sentence awarded to him by the learned lower Appellate Court Which has been reaffirmed by this Court.