MUNISH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Sukhwinder Kaur and Sarbjit Singh died whereas Baljit Kaur suffered injuries on account of the alleged rash and negligent driving of Maruti Van, bearing registration No. PB-08-D-9805, by the accused-petitioner (herein referred as 'the accused') regarding which he was prosecuted. Consequently, vide judgment dated 25.01.2002, passed by Judicial Magistrate Ist Class, Amritsar, he was convicted and sentenced to undergo rigorous imprisonment rigorous imprisonment for a period of two years and to pay a fine of Rs. 2,000/-, for the offence under Section 304A. The appeal, preferred by him, was also dismissed vide judgment dated 11.03.2003, passed by Additional Sessions Judge, Amritsar.

(2.) On 09.02.1996, Swaran Singh got recorded in his statement that he was going to attend the marriage of his brother in law's daughter Sukhwinder Kaur fixed for 11.02.1996, on scooter whereas his son Sarbjit Singh alongwith his wife Baljit Kaur and sister Sukhwinder Kaur was also going ahead of him on a scooter bearing registration No. PB-02-G-7386. When they reached near the brick kiln at Tangra, a Maruti Van bearing registration No. PBG-8D-9805, being driven rashly and negligently and at fast speed came from the side of Amritsar and struck against the scooter of Sarbjit Singh. Resultantly, all the three persons, riding on the scooter fell down and suffered injuries. They were shifted to hospital. Munish Kumar petitioner-accused also suffered injuries and he was also shifted to Civil Hospital, Amritsar. Ruqa was sent by Head Constable Balwinder Singh, on the basis of which FIR was registered. However, lateron Sarbjit Singh and Sukhwinder Kaur expired and the offence was converted by adding Section 304A IPC. The accused was arrested; both the vehicles were taken into possession, rough site plan of the place of occurrence was prepared; statements of the witnesses were recorded, inquest reports were also prepared and the autopsy was conducted on the dead bodies. On completion of investigation, challan was presented against the accused.

(3.) In order to substantiate the charges, the prosecution examined Dr. Ashok Chanana (PW1), who conducted the autopsy of the dead bodies, Swaran Singh complainant (PW2), Baljit Kaur (PW3), Head Constable Balwinder Singh (PW4) and Swaran Singh (PW5). That apart, the prosecution also proved the record of scooter Ex.P1, post mortem reports of Sarbjit Singh and Sukhwinder Kaur Ex.PA and Ex.PB respectively, ruqa Ex.P1/A, FIR Ex.PW4/A/1, inquest report of Sukhwinder Kaur Ex.PWA/B, application made by the Investigating Officer to the doctor regarding medical examination of accused Munish Kumar Ex.PW4/D, inquest report of Sarbjit Singh Ex.PW4/E, application made by the Investigating Officer to the doctor regarding post mortem report of Sarbjit Singh Ex.PW4/F, seizure memo of dead body from the spot Ex.PW4/G, application made by the Investigating Officer to the doctor regarding medical examination of the injured Baljit Kaur Ex.PW4/H, seizure memo of the photographs and negatives Ex.PW4/J, seizure memo of the R.C. of the Van and driving licence of accused Ex.PG, driving licence of Sarbjit Singh Ex.P1, Photostat copy of the R.C. of the Maruti Van No. PB-08D-9805 as Mark X, seizure memo of the shoes of Sukhwinder Kaur recovered from the spot Ex.PD, seizure memo of the broken glasses Ex.PE, seizure memo of the R.C. of scooter alongwith driving licence of deceased Sarbjit Singh as Ex.PX. Since the prosecution failed to complete its evidence despite the ample opportunity given to it, therefore, the same was closed by order.