BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present revision petition has been preferred by Balbir Singh son of Niranjan Singh, who was named as accused in case FIR No. 151 dated 17.12.1996 registered at police Station Bhawanigarh, under Sections 304-A and 337 IPC.

(2.) THE Court of Chief Judicial Magistrate, Sangrur, found the petitioner guilty of offence under Section 304-A IPC and sentenced him to undergo rigorous imprisonment for one year and pay a fine of Rs. 1,000/-. In default of payment of fine, to undergo rigorous imprisonment for one month. However, petitioner was acquitted by the trial Court for offence under Section 337 IPC.

(3.) ON receipt of information from Rajindra Hospital, Patiala, regarding the admission of Sukhwinder Kaur, Sarup Singh, Head Constable of Police Station Bhawanigarh, reached at the hospital for recording the statement of injured. On 17.12.1996, complainant Bikramjit Singh met Sarup Singh, Head Constable, and made his statement at 1.20 P.M. The statement has been exhibited as Ex. PW. 6/A. In the statement made, Bikramjit Singh stated that he is a resident of Dilawarpur and was student of tenth class. He was married having two daughters, namely Manjit Kaur aged 4 years and Paramjit Kaur aged three months. On 16.12.1996, he along with his wife Sukhwinder Kaur and daughters Manjit Kaur and Paramjit Kaur, had gone to Sangrur Jail to meet his father-in-law Visakha Singh. The family had gone on Scooter No. PBP-7346. When they were returning from the jail to their village, then in the revenue estate of village Kala Jhar, from the opposite side van of white colour bearing No. PB-13-6878, came at a very high speed. The driver of the van was Sikh. The van hit the scooter, due to which scooter fell on the road. All the family members suffered injuries. People, who were gathered there, brought the injured to Rajindra Hospital, Patiala, in a private Jeep. After giving treatment, Bikramjit Singh, complainant, his wife Sukhwinder Kaur and daughter Manjit Kaur were discharged, however, younger daughter Paramjit Kaur was declared dead. The complainant left her wife and daughter at his house and accompanied by his father Karnail Singh and Mohinder Singh reached at the place of accident. There he learnt that the van, which had hit the scooter, belonged to Harbans Singh son of Dalip Singh, resident of Bhawanigarh and the name of the driver was Balbir Singh son of Niranjan Singh. It was stated that the driver, after causing accident of the van with the scooter had decamped from the spot.