JUDGEMENT
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(1.)By this common judgment, I intend to dispose of Criminal Revision No.2585 of 2010 titled as Fakir Chand Sharma versus State of Punjab and Criminal Revision No.2614 of 2010 titled as Dev Kumar and another versus State of Punjab as both these revisions have arisen out of the same occurrence. For convenience facts are being taken from Criminal Revision No.2585 of 2010 titled as Fakir Chand Sharma versus State of Punjab.
(2.)Challenge in the aforesaid revision petitions are two judgments dated 8.09.2010 passed by Shri S.S.Dhaliwal, Additional Sessions Judge, (Adhoc) Fast Track Court, Amritsar vide which the separate appeal preferred by the accused against the judgment and order dated 11.6.2005 passed by Shri Virinder Aggarwal, Additional Chief Judicial Magistrate, Amritsar convicting and sentencing the accused under Section 304-A of the Indian Penal Code ( in short the IPC ) and under Section 175 of the Indian Railway Act, were dismissed.
(3.)Brief facts of the case are that on 22.3.1997 at about 12.50 noon, S.S. Railway Station, Beas, sent a memo to the Incharge, GRP Beas that C/CHC-FZR, 176/SS/Beas 97, 4648 Down, met with an accident at KM No. 472-3-4 L/Xing A-44 with a tractor trolley. The causality and injuries were not ascertained and to come to the spot immediately. Investigation of the case was handed over to ASI Gian Chand, who visited the spot. He made his endorsement on the memo, on the basis of which, FIR under Sections 304-A, 337, 338 of the IPC and 175 of Indian Railways Act, was registered. Investigation was conducted and statements of the witnesses were recorded. It was found that train No. 4648 met with an accident with a tractor trolley bearing No. PB-14-6576 because the railway gate was lying open. In this accident five persons have died and three were injured. Diesel power and tractor trolley were also damaged in this accident. The dead bodies of the persons, who had died in this accident, were identified as that of Balkar Singh, Ranjit Singh, Joginder Singh, Kamalpreet Singh and Surjit Singh. Injured were admitted in the hospital. Post mortem on the dead bodies of the deceased/persons was also got conducted by the Investigating Officer. Railway officers also arrived at the spot and a committee under the chairmanship of Sh.R.S. Gera was formed, who gave his report holding the accused, mentioned in column No. 3 of the report, responsible for this accident. The accused were arrested. After completion of the investigation, the challan against the accused/petitioner was presented.
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