ANGREJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this petition is to the judgment dated 13.7.2005 passed by the learned Additional Sessions Judge, Patiala, dismissing the appeal filed by the accused-Petitioner (herein referred as, 'the accused') against the judgment dated 7.3.2005 passed by the Chief Judicial Magistrate, Patiala, convicting and sentencing him to undergo rigorous imprisonment for two years and to pay fine of Rs. 2000/-under Section 304-A IPC. However, in appeal, the sentence was reduced to 1- 1/2 years.

(2.) In nutshell, the allegations are that on 26.5.2002, at about 10.30 a.m. the complainant Loka Ram (herein referred as, 'the complainant') along with his brother in law Ramu aged about 8 years had gone to the shop of Ramu Scrap Dealer at Sanuri Adda, Patiala. When the complainant was talking with Ramu while standing in front of his shop, in the meantime, the accused while driving canter bearing registration No. PCI 6151 rashly and negligently, struck and ran over his brother in law Ramu, as a result of which he died at the spot. On the basis of the aforesaid statement, formal FIR was registered and the case was investigated.

(3.) On submission of charge sheet, the accused was charged under Section 279/304-A IPC to which he pleaded not guilty and claimed trial.