PAWAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 27.4.2006 passed by Judicial Magistrate Ist Class, Hoshiarpur vide which he had convicted accused Pawan Kumar for the offences under Sections 279, 304-A and 427 IPC and order of the even date vide which the said accused was sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 500/- for the offence under Section 279 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month; to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 500/- for the offence under Section 304-A IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month and to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 500/- for the offence under Section 427 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month; all the sentences were ordered to run concurrently, as well as judgment dated 8.6.2009 passed by Additional Sessions Judge (Ad hoc), Fast Track Court, Hoshiarpur vide which the judgment of conviction and order of sentence passed by the trial Magistrate were affirmed and the appeal filed by the accused-convict was dismissed.

(2.) The accused-convict-Pawan Kumar, who is petitioner before this Court prays that the revision be accepted, the impugned judgments of his conviction and order of sentence passed by Judicial Magistrate Ist Class, Hoshiarpur and judgment in appeal by Additional Sessions Judge (Ad hoc), Fast Track Court, Hoshiarpur be set aside and he be acquitted of the charge framed against him.

(3.) Briefly stated, the prosecution story is that on 20.7.2000 on information having been received at Police Post Bhunga, Police Station Model Town, Hoshiarpur that dead body of Jagtar Singh son of Sarwan Singh, resident of Fabran as a result of suffering injuries in a road side accident, was lying at Civil Hospital, Hoshiarpur, a police party headed by ASI Paramjit Singh, Incharge of Police Post Bhunga (hereinafter referred to as the Investigating Officer/IO) went to the said hospital, where he came across Sarwan Singh son of Sewa Singh, who got his statement recorded, wherein he stated that on the said day at about 8:30 p.m., he along with Baldev Singh, Sarpanch of village Fabran had gone to Civil Hospital, Bhunga for some personal work and while they were returning to their village from the said hospital and time was about 8:45 p.m., his son Jagtar Singh aged about 14 years was returning home on a bicycle after getting his shoes polished from the shop of Durga Dass; when Jagtar Singh had reached at the place leading to the house of Ex-Sarpanch Tarsem Singh situated at a little distance from culvert, the complainant and Baldev Singh were going on foot and were at a distance of 25/30 yards from Jagtar Singh, then a truck bearing registration No. PB-07-C-9491 driven at a high speed in a negligent manner came from the side of Garhdiwala and the driver hit the truck against Jagtar Singh, resultantly he fell down on the road and the truck passed over his body; Jagtar Singh received injuries on his head and right arm and his bicycle was damaged; the truck driver ran away from the spot leaving the truck behind; the complainant and Baldev Singh arranged for a vehicle and took Jagtar Singh to PHC Bhunga, from where he was referred to Civil Hospital, Hoshiarpur keeping in view his serious condition, however, he succumbed to the injuries there. Statement Ex.PA was signed by Sarwan Singh-complainant.