BAL KISHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The accused petitioner Bal Kishan, referred as the accused, challenged the legality of the judgment dated 20.07.2005 passed by Additional Sessions Judge, Ludhiana, dismissing the appeal against the judgment dated 04.01.2005 convicting and sentencing the accused to undergo R.I. for one year and fine of Rs. 100/- under Section 304-A IPC and to undergo R.I. for six months and fine of Rs. 100/- under Section 279 IPC.

(2.) In nutshell the facts of the case are that on 18.11.1992 at 3.00 P.M., the complainant along with Ajit Singh were sitting in the workshop of Gurpreet Acrot, Noorwala Chowk, G.T. Road, Ludhiana. At that time one cyclist had tried to cross Noorwala Road. In the meantime, the accused while driving the bus belonging to Pepsu Roadways Transport Company, Patiala bearing No. PB-11B/9369 came from Jalandhar bye pass and struck against the cyclist who suffered injuries. When they were taking the cyclist to the hospital, he expired on the way. On the aforesaid statement made by PW-3 Kabul Singh, the case was registered and investigated. On completion of investigation, challan against the accused was presented in the Court. He was charged for the offences under Sections 279/304-A IPC.

(3.) The prosecution in order to substantiate the charges examined nine' witnesses including Kabul Singh (complainant) PW-3, Ajit singh (alleged witness) PW-4. The trial ended in conviction. H?s appeal also failed.