RUPINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is petitioner's revision against the judgment dated 28.8.2003 passed by the learned Sessions Judge, Ropar, dismissing his appeal against the judgment dated 20.10.2000 passed by the Judicial Magistrate Ist Class, Ropar, convicting and sentencing him as under: <FRM>JUDGEMENT_340_LAWS(P&H)2_2010.htm</FRM>

(2.) Factual matrix of the case is that on 18.10.1997, complainant Mohan Singh (herein referred as 'the complainant') along with Major Singh was going from village Nathmalpur towards village Bhago Majra on his scooter bearing registration No. CH01R-6794. Ram Saran Singh along with his wife Bhupinder Kaur and daughter Prabhjot Kaur were going a little ahead of him on a scooter bearing registration No. PB12B-5824 in the direction from Morinda towards Ropar. At about 6.00 p.m. on the Singhpura road near bus stand Kurali, a truck bearing registration No. PUM-4803 belonging to Punjab State Tube Well Corporation and trailer carrying boring machine annexed on its rear side, driven by the accused rashly and negligently crossed his scooter. He while driving the truck as such and without blowing horn struck in the scooter of Ram Saran Singh hitting him from its rear side, where upon Ram Saran Singh fell down along with his wife Bhupinder Kaur. Bhupinder Kaur had fallen towards the truck-cum-trailer side and her head was crushed. The accused came to the complainant and begged pardon and when he was in the process of taking care of Ram Saran Singh the accused slipped away. On the statement of the complainant recorded by ASI Harsimran Singh at bus stand Kurali, FIR Ex.PA/2 was recorded. ASI Harsimran Singh proceeded to the place of occurrence, visited the spot, took the scooter bearing registration No. PB12B-5824 into possession vide recovery memo Ex.PB attested by the complainant and Constable Baljinder Singh, took into possession truck bearing registration No. PUN4803 into possession vide recovery memo Ex.PC, documents of the scooter were also taken into possession vide memo Ex.PD. The Investigating Officer prepared the inquest report Ex.PF of Bhupinder Kaur and sent the dead body for postmortem examination. He also got the spot photographed. The accused was arrested on the same day. Completion of the investigation was followed by a report under Section 173 Cr.P.C.

(3.) The accused was charged under Sections 279/337/304-A IPC, to which he pleaded not guilty and claimed trial.