JASBIR SINGH @ KALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition is directed against the judgment dated 03.06.2003, passed by Sessions Judge, Fatehgarh Sahib, dismissing the appeal, preferred by the petitioner-accused (hereinreferred as 'the accused'), against the judgment dated 28.07.2000, passed by Judicial Magistrate Ist Class, Fatehgarh Sahib, convicting and sentencing him as under: <FRM>JUDGEMENT_2782_TLP&H0_2010_1.html</FRM>

(2.) The case relates to the death of Sushil Kumar Bhatia, an IAS Officer, posted as Secretary Personnel in the Secretariat Punjab Government, Chandigarh, who on 13.10.1995 at about 5:00 a.m. alongwith his wife Aarti Bhatia, daughter Puja, son Sameer Bhatia, and maid servant Pinky was coming from Ludhiana to Chandigarh in his Maruti Car bearing registration No. DL-3C-0500, Sushil Bhatia was driving the vehicle whereas Aarti Bhatia was sitting by his side. At about 6:30 a.m., when they reached about 1? kilometer ahead of Gurdawara Sahib at Ranwa, the accused while driving the truck bearing registration No. PB-12-2173 rashly and negligently came from the wrong side and struck against the car and then after crossing the road went into the fields. Resultantly, all the occupants of the car were injured. However, Sushil Bhatia died on 17.10.1995. Due to the accident, the car was also badly damaged. After coming out of the truck, the accused came to Aarti Bhatia and started begging pardon. After some people collected at the spot, the accused disappeared. Case was registered against him on the statement of Aarti Bhatia, which was investigated. The completion of investigation was followed by the report under Section 173 Cr.P.C.

(3.) The accused was charge-sheeted under Section 279, 338 and 304-A IPC to which he pleaded not guilty and claimed trial.