LAWS(P&H)-2010-3-231

MANJINDER SINGH Vs. STATE OF PUNJAB

Decided On March 09, 2010
MANJINDER SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Present revision petition has been filed by Manjinder Singh son of Gurcharan Singh. He was put to trial in case FIR No. 261 dated 24.10.2002 registered at Police Station Jandiala under Sections 304-A and 279 IPC. The Court of Judicial Magistrate (1st Class), Amritsar found the petitioner guilty of offence under Section 304-A IPC and sentenced him to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 500/-, in default of payment of fine to further undergo rigorous imprisonment for one month. The appeal filed by the petitioner was dismissed by the Court of Additional Sessions Judge, Amritsar.

(2.) In the present case, FIR was registered on the basis of statement Ex.PW2/A made by Gurmej Singh PW-2 to ASI Sarabjit Singh (not examined). In his statement, complainant Gurmej Singh stated that he was an Electrician by profession. His younger brother Satnam Singh was a student of Guru Nanak Dev University. On 24th October, 2002, Satnam Singh and Gurmej Singh along with their father Dyal Singh PW-1 were going to the local Bus Stand, Jandiala Guru on foot. Satnam Singh was going a little ahead. Gurmej Singh and his father Dyal Singh were going together. At about 9.30 a.m., a mini bus bearing registration No. PB 02 Q-9867 came from Vairoval side, which was being driven by a Hindu gentleman, at a very high speed and without blowing any horn. The bus, which was being driven in a rash and negligent manner, hit Satnam Singh and its driver ran away from the spot. Satnam Singh was taken to the hospital, where he was declared brought dead.

(3.) The above said FIR was investigated and a report under Section 173 Cr.P.C. was submitted against the accused petitioner.