GULZAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The Additional Chief Judicial Magistrate, Mansa vide Order dated 29.08.2008 sentenced the petitioner to undergo rigorous imprisonment for six months and to pay fine of Rs. 500/- and in default of the same, the petitioner was required to further undergo rigorous imprisonment for one month under Section 279 IPC and rigorous imprisonment for one year and to pay a fine of Rs. 2000/- under Section 304-A IPC and in default of making payment of fine, he was further required to undergo rigorous imprisonment for two months.

(2.) Aggrieved with the same, the petitioner had filed an appeal before the Additional Sessions Judge, Mansa, which was dismissed vide Order dated 11.03.2010.

(3.) The present revision petition has been filed challenging the conviction by the trial Court and confirmed in appeal. The facts, as recorded by the Additional Sessions Judge, Mansa are that "on 13.07.2002 a wireless message from SHO Police Station Maur regarding dead body of Gurpiar Singh son of Darshan Singh resident of Maur in Civil Hospital Maur was received. Upon which ASI Gurdarshan Singh reached Civil Hospital Maur where Darshan Singh son of Pritam Singh Caste Rai Sikh resident of Maur got recorded his statement that he is doing the job of photography at Maur. Yesterday on 13.07.2002 he along with his son Gurpiar Singh was to go to the inlaws house of his son Gurpiar Singh at Sunam. Gora Lal son of Amar Nath came to them and told that he is to go to Bhikhi. His son Gurpiar Singh went to his scooter No. PB-31 C 3392 and he sat on the pillion seat of Motorcycle of Gora Lal. When they were 2 KM behind village Bhaini Bagha his son Gurpiar Singh was ahead of them on his scooter and they were following him. A canter bearing No. PB 02 K 9747 came from the side of Mansa at very fast speed. The driver of the canter hit his canter in the scooter of his son from front side while driving from wrong side, in a negligent manner and the scooter got entangled in the canter and thereafter over turned the canter. He alongwith Gora Lal after parking their motorcycle found that his son had received multiple injuries and the driver to whom they can identify, if appeared before them ran from the spot. At that time it was 3.30 pm. He and Gora Lal took care of his son. A Cart coming from the direction of Mansa was stopped and they put his son for taking him to Bhatinda for treatment. His son succumbed to injuries on the way and they took him to Civil Hospital Maur. "