MANPREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in the present petition is to the judgment dated 17.05.2019 passed by the learned Additional Sessions Judge, Bathinda, whereby while dismissing the appeal filed by the petitioner, the judgment of conviction and order of sentence dated 16.04.2018 passed by the learned Sub Divisional Judicial Magistrate, Talwandi Sabo, has been upheld.

(2.) The petitioner was tried for committing the offences under Sections 279, 337, 338, 427 and 304-A IPC. As per the prosecution, on 03.02.2013, complainant-Gurpiar Singh, his uncle-Chhamber Singh, Angrej Singh, Sukhpreet Kaur, Jaswinder Kaur and Charanjit Kaur were coming back to their village Gobindpura from Singhpura in Maurti Car, bearing registration No.DDO-60, which was being driven by Chhember Singh. When they reached about 0.5 km. away from GGS College, Rori Road, Talwandi Sabo, a white coloured Sumo came from the opposite side in a rash and negligent manner and it collided with the car of the complainant. Due to the said impact, Chhember Singh succumbed to the injuries at the spot. However, the complainant, Sukhpreet Kaur, Angrej Singh, Jaswinder Kaur, Charanjit Kaur sustained grievous injuries. The driver of said Sumo, bearing registration No.PB-12E-3247, disclosed his name to be Manpreet Singh @ Gogi (present petitioner), who managed to run away from the spot. The injured were taken to the Civil Hospital, Bathinda, from where the concerned doctor referred Angrej Singh and Sukhpreet Singh to Max Hospital, Bathinda. On the basis of the statement of the complainant, FIR in this case was registered.

(3.) On the basis of the evidence led, it stood proved before the learned trial Court that on account of the rash and negligent driving of the petitioner, Sukhpreet Kaur, Angrej Singh, Jaswinder Kaur, Charanjit Kaur and Gurpiar Singh had suffered simple as well as grievous injuries and death of Chhember Singh had taken place. Consequently, the petitioner was convicted under Sections 279, 337, 338 and 304-A IPC, and accordingly, sentenced as under: