RAJ KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was tried for an offence under Section 304-A IPC on the allegations that on 2.7.1990 he drove Maruti Van in a rash and negligent manner and struck Constable Jarnail Singh, who suffered injuries and, lateron, died as a result thereof. Vide judgment and order dated 6.4.1995, learned Judicial Magistrate Ist Class, Dasuya, convicted the petitioner for the aforementioned offence and sentenced him to undergo rigorous imprisonment for two years and to pay a fine of Rs. 3,000/-, in default of payment of fine, to undergo further rigorous imprisonment for three months. The petitioner challenged his conviction and sentence by filing an appeal but the same was dismissed by learned Sessions Judge, Hoshiarpur on 16.4.1996. He then filed the present revision, which was admitted on 12.6.1996 when he was granted the concession of bail.

(2.) The consistent case of SPO Joginder Singh, who was examined as PW6 and SPO Malkiat Singh, who appeared before the trial Court as PW7 was that on 2.7.1990 they alongwith some other police officials, including Constable Jarnail Singh were returning to Police Post, Cholang after getting the liquor vends closed. A Maruti Van came from Jalandhar side. It did not bear any registration number nor its driver blew the horn. Infact, its driver was driving the same in a rash and negligent manner. He came on the wrong side of the road and struck Constable Jarnail Singh, who fell on the left hand side of the kucha road. When the Van was stopped, its driver disclosed his identity as Raj Kumar son of Gian Chand, resident of Mukerian. SPO Joginder Singh then stopped one private truck and shifted Constable Jarnail Singh to Civil Hospital, Dasuya for medical treatment where he succumbed to his injuries.

(3.) Though in the photographs Exs.P5 to P8, which have been proved by PW4 Tirath Ram, it is shown that the Van was lying parked on the left side of the road yet it was the prosecution case that the Van driven by the petitioner went to the wrong side of the road and hit Constable Jarnail Singh, who was dragged to some distance. Therefore, it cannot be said that the Van was being driven on its correct side.