In the High Court of Punjab and Haryana at Chandigarh
Crl. Revision No. 1062 of 2008 (O&M)
Date of Decision:22-01-2009
Dalvinder Singh
---Petitioner
versus
State of Haryana
---Respondent
Coram: HON'BLE MRS. JUSTICE SABINA
Present: Mr. R.K.Malik, Advocate,
for the petitioner
Mr. Sidharth Sarup, AAG, Haryana
SABINA, J.(Oral)
Petitioner-Dalvinder Singh was convicted under Sections 279,
337 and 304 A of the Indian Penal Code(hereinafter referred to as ‘ IPC’)
vide judgment dated 18.10.2006 rendered by Judicial Magistrate Ist Class,
Kurukshetra. Vide order dated 19.10.2007, the petitioner was sentenced
to undergo rigorous imprisonment for six months and fine of Rs. 1000/-
under Section 279 IPC and was sentenced to undergo rigorous
imprisonment for six months under Section 337 IPC and was sentenced to
rigorous imprisonment for a period of two years and fine of Rs. 10,000/-
under Section 304-A IPC was also imposed. All the substantive sentences
were ordered to run concurrently. Petitioner deposited the fine imposed by
the trial court. Aggrieved by the same, petitioner preferred an appeal and
the same was dismissed by the Additional Sessions Judge, Fast Track
Court,Kurukshetra on 26.5.2008.Hence, the present revision petition.
Crl. Revision No. 1062 of 2008 (O&M) -2-
Prosecution story, in brief, as noticed by the Appellate Court in
para 2 of its judgment is as under:-
“This case relates to a very tragic occurrence and
briefly stated it is that on 12.12.1996 accused
Dalvinder Singh was driving the Matador Bus No.
DL-4CB-1609 of Saraswati Model School,
Kurukshetra and children as student of the school
was travelling in it. There was an unmanned level
crossing No. 55/C, while crossing the railway track,
the driver of the Matador bus namely Dalvinder
Singh did not take proper care. He drove the vehicle
in a rash and negligent manner without even caring
for the train coming on the railway track which he
was crossing at an unmanned level crossing in area
of village Pindarsi. Passenger train No. 2 JNK was
passing and the the school bus was hit resulting in
death of three students namely Karnail Singh son of
Nasib singh, Kumari Sonia alias Rekha daughter of
Rattan Singh and Vikram Singh son of Gurnam
Singh who died on the way to the hospital. Many
children travelling in the school bus were injured.
Information was received in the police station
regarding the collision involving the Matador Bus No.
DL-4CB-1609 and 2 JNK passenger train at gate No.
55/C Km No. 69/1. First information report was
recorded and a police party led by Gandeep Singh SI
of the GRP reached the place of occurrence. The
Matador Bus had turned turtle. Inquest proceedings
Crl. Revision No. 1062 of 2008 (O&M) -3-were conducted and report under Section 174
Cr.P.C. was prepared regarding Karnail Singh, Sonia
and Vikram Singh who died at the spot. One injured
child Bhupesh Kumar was taken to Anand
Orthopedic centre, Kurukshetra and was then
referred to PGI, Chandigarh. He also died on the
way and inquest proceedings followed. As many as
thirteen children namely Priyanka daughter of Rattan
Singh, Nitu daughter of Baldev Singh, Rina daughter
of Balraj Singh, Rekha daughter of Rattan Singh,
Gita daughter of Suresh, Navneet son of Gurnam
Singh, Baljit son of Balvinder, Suresh son of Ami
Chand, Vikhjeet son of Rattan Singh, Sandeep Singh
son of Harjinder Singh, Sandeep son of Satbir and
Navtej son of Baldev were injured. Accused
Dalvinder Singh himself was injured and was
admitted in LNJP Hospital, Kurukshetra. Accused
as also ten of the injured were then referred to
PGIMER, Chandigarh. Accused was arrested on
28.3.1997. Site plan of the place of occurrence
was prepared. The Matadoe Bus involved in the
accident was taken into possession and was got
mechanically examined. Statements of witnesses
were recorded and after completion of the
formalities, accused Dalvinger Singh was sent up for
trial.”
Learned counsel for the petitioner has submitted that the
prosecution had failed to prove its case. Petitioner was in custody for the
Crl. Revision No. 1062 of 2008 (O&M) -4-
last 8 months and in case his conviction was to be upheld, his sentence
be reduced to period already undergone by him.
Learned State counsel, on the other hand, states that the
petitioner was driving the Matador and was crossing the unmanned rail
way track negligently and due to this reason many children travelling in the
vehicle, in question, suffered injuries and three children succumbed to their
injuries on the way to the hospital.
On 12.12.1996, petitioner was driving Matador, in question,
and was taking school children to school. Petitioner crossed the
unmanned rail way track without bothering for the oncoming train and as a
result the passenger train struck against the Matador, in question. Three
children, namely, Karnail Singh, Sonia alias Rekha and Vikram Singh died
due to the injuries suffered by them. Many other children in the vehicle, in
question, also suffered injuries.
PW-1, Rajesh Verma has deposed that on 12.12.1996
instead of him, petitioner was deputed with vehicle, in question. PW-14,
Sandeep Singh, PW-17 Balvinder Singh and PW-8 Suresh Kumar have
also deposed that the petitioner was driving the vehicle, in question, on the
day of accident. PW-8, Suresh Kumar has deposed that he was working
as an Assistant on train No. 2 JNK on 12.12.1996 and when the train
reached Pindarsi crossing No. 55/C, suddenly the Matador, in question,
came on the track and the driver of the train tried to stop the train but it
collided with the Matador, in question. PW-2, Rati Ram has deposed that
he was present in his quarter at 8-00 a.m. on the day of occurrence and on
hearing a loud noise, he reached the spot and found that the Matador, in
question, had collided with the train. Children and the driver of the Matador
were badly injured. PW-4, Gurdip Singh deposed that he reached the
spot and arrested the driver of the vehicle, in question. PW- 10,
Crl. Revision No. 1062 of 2008 (O&M) -5-
Dr. Surinder Kumar proved the Medico Legal Report of the injured and the
petitioner. PW-5 ASI Surinder Singh proved the inquest report with
regard to the dead bodies of Karnail Singh, Sonia alias Rekha and Vikram
Singh. Thus, the prosecution had been successful in proving its case.
Petitioner had crossed the unmanned railway track without bothering to
wait for the oncoming train. Due to rash and negligent act of the petitioner,
who was driver of the vehicle, in question, three children lost their lives
and the remaining children suffered injuries.
In the facts and circumstances of this case, it is not a fit case
where the sentence of imprisonment of the petitioner can be reduced to
already undergone by him. The facts and circumstances of this case are
too shocking to take any lenient view.
, This revision petition is dismissed accordingly
(SABINA)
JUDGE
January 22, 2009
PARAMJIT