MANMOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MANMOHAN Singh has filed this petition to challenge the judgment dated 10.6.2000 passed by Additional Sessions Jude, Patiala rejecting the appeal filed by the petitioner against the conviction and sentence recorded by Judicial Magistrate Ist Class, Patiala under Section 304-A IPC.

(2.) ACCORDING to the prosecution case, on 21.4.1995 at about 5.00 P.M., Om Dutt PW was proceeding towards Kali Devi Mandir from Phowara Chowk on scooter bearing registration No. PUV-8890 with Bhupinder Singh PW on the pillion. From the opposite side, one Avtar Singh an employee of M/s K.K. Motor Garage, Patiala was coming on scooter bearing registration No. CHB-1890. It was being followed by truck No. PNF-5449 which was being driven in a rash and negligent manner. Within the sight of Om Dutt and Bhupinder Singh PWs, the aforesaid truck rammed into the scooter of Avtar Singh, who fell down and front tyre of the aforesaid truck ran across his head. Truck was stopped by Om Dutt and Bhupinder Singh PWs. It was found to be driven by the petitioner. The matter was reported to the police and on completion of the investigation, the challan was put in Court against the petitioner.

(3.) IN the statement recorded under section 313 Cr.P.C., the petitioner pleaded innocence and false implication and asserted that the accident was caused by one Raj Kumar, and instead of him, the petitioner was implicated because Raj Kumar was not having a valid driving licence. He, however, led no defence.