SUKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner Sukhwinder Singh was convicted for an offence under Sections, 279/ 304-A of the Indian Penal Code ("IPC" for short), vide judgment dated 9.1.2008 passed by the Judicial Magistrate, Ist Class, Kharar. Vide order of the even date, the petitioner was sentenced to undergo rigorous imprisonment for a period of six months with a fine of Rs.100/- under Section 279 IPC and rigorous imprisonment for a period of one year with a fine of Rs.300/- under Section 304-A IPC. Both the sentences were ordered to run concurrently. Aggrieved by the same, the petitioner preferred an appeal and the same was dismissed vide judgment dated 12.8.2010 passed by the Additional Sessions Judge (Adhoc) Fast Track Court, Rupnagar. Hence, the present revision petition.

(2.) Prosecution case, as noticed by the Appellate Court in para 2 of its judgment, is reproduced herein below:-

(3.) After hearing learned counsel for the petitioner, I am of the opinion that the present petition deserves dismissal. The petitioner was driving a truck bearing registration No.HR-38-G 6751 on the alleged day of occurrence. The prosecution case is that the petitioner was driving the truck in rash and negligent manner and struck against the motorcycle driven by the deceased. Both the Courts below, after going through the evidence on record, have ordered the conviction of the petitioner under Sections 279 and 304-A IPC. The trial Court in para 10 of the impugned judgment has held as under:-