SURINDER PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is aggrieved by the judgements of both the Courts below vide which he has been convicted under Section 304-A IPC and has been sentenced to undergo R.I. for a period of 1 1/2 years and to pay a fine of Rs.500/- and in default of payment of fine, to undergo R.I. for 1 month.

(2.) Briefly stated, the prosecution case is that on 12.12.1996, at 6.00 a.m., Mandeep Singh, complainant made a statement (Ex.PB) before ASI Jasvir Singh to the effect that on 11.12.1996, at about 5.45 p.m. Inderjeet Singh (deceased) alongwith Mandeep Singh (complainant) was returning from marriage party on a motorcycle, while Jagjeet Singh was following them on his scooter bearing registration No.PB-08-M-0326. They were coming back towards village Jamsher. When they crossed the bus stand of the village Diwali and came on the metalled road, a matador van of White colour bearing registration No.PB-01-0409, being driven by Surinder Pal, accused-appellant came in at a very high speed. At that time, the matador was being driven in a very high speed and negligent manner by the accused. The driver of the van hit the motorcycle of Inderjeet Singh, as a result of which he received multiple injuries on the face, head and forehead. Due to the accident, front portion of the motorcycle of Inderjeet Singh was got broken. The complainant, Mandeep Singh, also received minor injury.

(3.) However, the complainant with the help of Jagjit Singh tried to pick up Inderjeet Singh, but he had become unconscious. Inderjeet Singh was put in a matador which was coming from behind and he was taken to the hospital, Jamsher, from where he was referred to Civil Hospital, Jalandhar. While Inderjeet Singh was being taken to Civil Hospital, Jalandhar and when they reached near village Dhiina he died. On the aforesaid statement of the complaint, formal FIR was registered.