MANGAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Mangal Singh, accused - petitioner (herein referred as 'the petitioner') has challenged the correctness, legality and propriety of the judgment dated 23.9.2003 passed by Appellate Court (Sessions Judge, Ropar) dismissing his appeal against the judgment dated 27.11.2001 passed by Additional Chief Judicial Magistrate, Ropar convicting and sentencing him as under :-

(2.) The version of the prosecution is that on 9.8.1997, the complainant Parwinder Singh got his statement (Ex.P13/A) recorded to the effect that on that day, he along with Jarnail Singh had gone to see their sister Harwinder Kaur wife of Darshan Singh resident of village Thauna. On their return, Darshan Singh along with Pavitar Singh and their sister Harvinder Kaur was on a scooter bearing Reg.No. CHG-9111 Bajaj 150. At about 5.30 PM, when they crossed the Railway Crossing of village Ghanauli, the accused while driving truck bearing Reg.No. PB-23-1440 rashly and negligently came from the Ghanauli side and struck against the scooter of Darshan Singh. Consequently, Darshan Singh and Pavitar Singh died on the spot, while Harwinder Kaur received injuries and admitted to Civil Hospital, Ropar.

(3.) On the aforesaid statement made by the complainant, the First Information Report (Ex.PW8/B) was registered against the petitioner; the accused was arrested; the post mortem on the dead bodies was got conducted; site plan was got prepared; the offending truck was taken into possession; statements of the witnesses were recorded and on completion of the investigation, the challan against the petitioner was presented in the Court.