HARPREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused Harpreet Singh faced trial by learned Sessions Judge, Bathinda, who vide judgment dated 25.3.2006 convicted him for an offence under Section 304-A IPC and vide order of that very date sentenced him to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 2,000/- and in default thereof, to further undergo rigorous imprisonment for six months.

(2.) The accused-convict - Harpreet Singh, who is appellant before this Court prays that the appeal be accepted, the impugned judgment of conviction and order of sentence be set aside and he be acquitted of the charge framed against him.

(3.) Briefly stated, the facts of the case as per the prosecution story are that on 30.11.2004 complainant Ajay Kumar son of Darshan Singh had got his statement recorded with ASI Jaskaran Singh (hereinafter referred to as the Investigating Officer) from Police Post, Civil Lines, Bathinda stating therein that he is a resident of Sirki Bazar, Bathinda; he along with Kishori Lal son of Ram Gopal was employed at shop of M/s. Gupta Enterprises situated in Gandhi Market, Bathinda; on 29.11.2004 the complainant along with Kishori Lal was going to the shop on a scooter bearing registration No. PB-03G/8803 from the house of the proprietor of the shop; the scooter was being driven by the complainant on which Kishori Lal was the pillion riding; at about 6:30 p.m. when they reached near Sepal Hotel, Bathinda, then a bus bearing registration No. PB-29B/9629 came from behind being driven at a very fast speed and in a rash and negligent manner without blowing horn and the side of the bus struck against their scooter on the left side as a result of which both the riders of the scooter were dragged by the bus along with their scooter; on an alarm being raised by them, the driver of the bus stopped the bus and fled from the spot; Kishori Lal had become unconscious due to the injuries sustained by him in the incident; he was taken to the hospital of Dr. Mela Ram and from where due to his serious condition he was referred to Dayanand Medical College and Hospital, Ludhiana; Kishori Lal succumbed to the injuries on 30.11.2004 at about 5:30 a.m. The complainant had disclosed the name of driver of the bus as Harpreet Singh.