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2005 DIGILAW 1295 (PNJ)

Bahal Singh v. State Of Punjab

2005-12-16

M.M.AGGARWAL

body2005
Judgment M.M.Aggarwal, J. 1. This is petition against judgment dated 4.4.1992 passed by the Additional Sessions Judge, Faridkot whereby appeal filed by the present petitioner against judgment dated 16.1.1992 passed by the Judicial Magistrate, Ist Class, Faridkot was dismissed. Vide judgment dated 16.1.1992, petitioner was convicted for the offence under Sections 304-A/427 IPC. He was sentenced to undergo RI for one year and to pay a fine of Rs. 500/-, in default of payment of fine, he was to further undergo RI for two months. 2. Prosecution case against the accused-petitioner is that on 19.8.1988, Rajinder Singh and Kapoor Singh were returning to village Wander Jatana from Kotkapura on Scooter No. APR 8212. When they reached near village Warra Daraka at about 7.00 a.m., then Truck Bearing No. RSK 5845 driven by Bahal Singh accused-petitioner was coming at high speed from behind the Scooter. Scooter was being driven on left side of the road. Accused-petitioner without caution or blowing horn struck his truck against the scooter due to which Kapoor Singh and Rajinder Singh fell down. Ajaib Singh, who was just going to Kotkapura on Tractor took them to the Civil Hospital, Faridkot. Kapoor Singh died on the next day i.e. 20.6.1988 whereas Rajinder Singh died 10 days back. Case against the accused-petitioner was registered, which was investigated. Thereafter accused-petitioner was sent for trial. Case was found to be proved and the petitioner-accused was convicted and sentenced as aforesaid. 3. Counsel for the petitioner has not addressed arguments on merits but had prayed that a lenient view be taken in view of the fact that occurrence had taken place more than 17 years back and accused had suffered quite enough. It was also stated by the counsel for the petitioner that heirs of the deceased had already received huge amount of compensation by filing cases before the Motor Accident Claims Tribunal. 4. This case relates to the death of two persons caused by the present petitioner by rash and negligent driving of his truck, which struck from behind the Scooter being driven by Rajinder Singh on which Kapoor Singh was a pillion rider. 5. Petitioner is stated to have remained in custody for about 20 days after his appeal was dismissed by the Additional Sessions Judge. 5. Petitioner is stated to have remained in custody for about 20 days after his appeal was dismissed by the Additional Sessions Judge. Taking into account the facts and circumstances of the case and the fact that the occurrence had taken place more than 17 years back, I do not find it a fit case where present petitioner should be sent to jail at this stage. Present petitioner can still be burdened with compensation payable to the heirs of the deceased. 6. Under these circumstances, it is directed that the petitioner shall be liable to pay a sum of Rs. 25,000/- each payable to the heirs of Rajinder Singh and Kapoor Singh each. This amount shall be deposited within a period of three months from today in the Court of CJM, Faridkot. If the amount is deposited then the sentence of imprisonment as awarded shall stand reduced to the period already undergone by the accused-petitioner, failing which, petitioner shall be liable to undergo the sentence. 7. With this modification, petition stands dismissed.