KULDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Assailed in this petition is the judgment dated 19.9.2003 passed by the Additional Sessions Judge, Patiala, dismissing the appeal against the judgment dated 25.11.2002 passed by the Judicial Magistrate Ist Class, Samana convicting and sentencing the accused-petitioner (herein referred as 'the accused') to undergo rigorous imprisonment for one year and to pay fine of Rs. 1000/- under Section 304-A IPC.

(2.) On 3.11.1999, Karnail Singh along with his son Gurcharan Singh was going to Patran on their bicycles for domestic work. When they were 2-3 killas ahead of their village towards Patran and were approaching the main road, the petitioner came driving tanker No. PB-11F-9135 rashly and negligently and struck against the bicycle of Gurcharan Singh and thereafter it turned turtle. Gurcharan Singh succumbed to his injuries. Nawab Singh who had also came there in a car pulled out the tanker driver from the cabin of the tanker. Therefore, on enquiry, the accused disclosed his identity as Kuldeep Singh.

(3.) On the basis of the aforesaid statement Ex.PA made by Karnail Singh, FIR Ex.PW7/B was registered at Police Station Patran. ASI Sham Lal prepared the inquest report Ex.PW7/D, prepared the rough site plan Ex.PW7/F, took bicycle and tanker No. PB-11F-9135 into possession vide memo Ex.PW2/A. After arrest of the accused on 4.11.1999 and on completion of the investigation challan against him was presented in the court.