PARNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision petition has arisen out of the judgment dated 3.6.2000 passed by Additional Sessions Judge, Ferozepur, dismissing the appeal of Parnam Singh petitioner/accused (herein referred as 'the accused') against the judgment dated 28.4.1999 passed by Judicial Magistrate Ist Class, Ferozepur, 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.

(2.) On 22.10.1996, the complainant Sardool Singh (herein referred as 'the complainant') along with his cousin Avtar Singh was going to Amrit Soap Factory, Malwal (Ferozepur) on their bicycles. At about 8.00 AM, when they reached near the pig farm on the GT road in the area of village Malwal, then the accused while driving the truck bearing Reg. No. WB-23-2331 rashly and negligently came from the side of Malwal and struck against the bicycle of Avtar Singh, as a result of which he came under the truck and was crushed. On the aforesaid statement recorded at 10.00 AM, the FIR was registered. ASI Ashok Kumar inspected the spot, prepared the rough site-plan of the place of occurrence, took the bicycle, 'chapples' and tiffin of the deceased into possession, prepared the inquest report and sent the dead body for post mortem examination. After recording the statements of the witnesses and completing the necessary formalities, the report under Section 173 of the Code of Criminal Procedure was submitted to the Court.

(3.) Finding a prima facie case against the accused, he was charged under Section 304-A of the Indian Penal Code, to which he pleaded not guilty and claimed trial.