DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Darshan Singh son of Mohinder Singh resident of Mustabad was tried in case FIR No.34 dated 16.5.1993 registered at Police Station Sarhali under Sections 279/304-A IPC. The Court of Judicial Magistrate Ist Class, Tarn Taran on 7.9.1994 convicted and sentenced the petitioner to undergo rigorous imprisonment for two years and pay a fine of Rs.1,000/- for commission of offence under Section 304-A IPC. In default of payment of fine, to further undergo simple imprisonment for three months. Petitioner was also sentenced under Section 279 IPC to undergo rigorous imprisonment for six months. Both the sentences were ordered to run concurrently.

(2.) Aggrieved against order of the trial Court, the petitioner had filed an appeal. The Court of Additional Sessions Judge, Amritsar found no merit in the appeal and upheld the conviction and maintained the sentence. In the present case, FIR was registered on the statement Ex.PA made by Lakhbir Singh to ASI Mohan Singh. Complainant stated that he was resident of Dugri. They were three brothers. Complainant was the eldest and Buta Singh was the youngest. Complainant along with his youngest brother Buta Singh and Harjinder Singh was going to Sarhali on his Ghuruka (Rehra fitted with a diesel engine). When they reached near minor canal bridge at G.T. Road, their vehicle suffered a mechanical defect. They called PW3 Gurbhej Singh, Mechanic. When they were repairing the vehicle, Buta Singh was sitting near the Mechanic, then from the opposite side truck bearing registration No. PAT 1342 came. It was driven by a person aged 40/45 years. The truck hit Buta Singh who died at the spot. The complainant stated that it was due to rash and negligent driving of the truck driver, the accident had taken place.

(3.) Petitioner was charged on 10.9.1993 for offence under Sections 304-A/279 IPC. Petitioner pleaded not guilty and claimed trial. ASI Mohan Singh PW1 who recorded statement Ex.PA and had made endorsement Ex.PW1/A proved registration of formal FIR. He further deposed regarding various other facets of the investigation. HC Harjit Singh PW2 had stated that on 17.5.1993, he was posted Police Post Naushehra Pannua. In his presence, clothes of the deceased were sealed and handed over to him.