NACHHATTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The accused-Petitioner (herein referred as 'the accused') was convicted and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 3,000/-under Section 304-A IPC and rigorous imprisonment for a period of six months and to pay a fine of Rs. 1,000/-under Section 279 IPC by the trial Court vide judgment dated 15.03.2004, which was challenged in appeal and the Appellate Court vide judgment dated 05.05.2005, dismissed the same.

(2.) The factual matrix of the case is that on 09.10.1998, Mahan Singh alongwith Parminder Singh had come to bus-stand, Rupana for some domestic work. In the meantime, Baldev Singh, his brother was also seen coming at the said bus-stand, where he was running his shop, from the side of village Dhigana, on his scooter bearing registration No. PB-08F-8373. At about 12:00 noon, when they were present in front of the shop of Parminder Singh, they saw that the accused while driving the bus bearing registration No. PB-04D-9945 rashly and negligently came from Muktsar side and rolled over his brother Baldev Singh and damaged his scooter. Resultantly, he died at the spot. After causing the accident, the accused fled away. On the aforesaid statement, made by Mahan Singh, FIR Ex. PB/II was registered at the police station. Thereafter, Sub Inspector Nachhattar Singh, Investigating Officer, commenced the investigation, prepared the site plan Ex.PW8/B, took the bus and the scooter into possession vide memo Ex.PW2/B and Ex.PW2/C, collected the blood stained earth vide memo Ex.PW2/A, prepared the inquest report Ex.PW8/A and took into possession the registration certificate and driving licence of the accused vide memo Ex.PW8/E. He also got the bus as well as scooter mechanically examined and arrested the accused.

(3.) Eventually, the challan was presented in the Court. The accused was charged under Sections 279 and 304-A IPC to which he pleaded not guilty and opted to contest.