BHOLA RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Bhola Ram, accused - petitioner (herein referred as Rs. the petitioner') has challenged the correctness, legality and propriety of the judgment dated 16.6.2004 passed by Appellate Court (Additional Sessions Judge, Patiala) dismissing his appeal against the judgment dated 4.6.2003 passed by Judicial Magistrate Ist Class, Rajpura convicting and sentencing him to undergo rigorous imprisonment for one year and to pay fine of Rs. 1000/- under Section 304-A of the Indian Penal Code 1860 (for brevity 'IPC'); and to further undergo rigorous imprisonment for three months and to pay fine of Rs. 500/- under Section 279 IPC.

(2.) The version of the prosecution is that on 22.3.1998 at about 10.30 AM, Noor Mohammed - complainant along with his sister Jetun and one Sain Ali was going on the GT Road with their buffaloes on the kacha berm of the road. The complainant was going ahead of the buffaloes, whereas, Jetun and Sain Ali were moving along with the buffaloes on the kacha path. When they reached near Sukhna factory, then a truck bearing Reg.No. RJ-31G-0082, being driven by the accused rashly and negligently, came from the side of Rajpura and hit Jetun and one buffalo from the backside, as a result of which Jetun died at the spot. The driver fled away from the spot leaving the offending truck on the spot.

(3.) On the aforesaid statement made by the complainant, the First Information Report was registered against the petitioner; he was arrested; the post mortem on the dead body of Jetun was got conducted; site plan was got prepared; the offending truck was taken into possession; statements of the witnesses were recorded and on completion of the investigation, the challan against the petitioner was presented in the Court.