JASBIR SINGH Vs. INDERJIT SINGH

JUDGEMENT

(1.) Briefly stated facts of the case as per prosecution story are that FIR No. 253 dated 16.11.2013 for offences under Sections 304-A, 279 and 427 IPC was recorded with Police Station Sadar, Tarn Taran on the basis of statement (Ex.PA) of complainant Major Singh son of Mohinder Singh, resident of Village Pandhori Gola on 16.11.2013, wherein he stated that his younger brother Pritam Singh was serving as JE in Punjab State Corporation Ltd., at Kapurthala. On that date, while the complainant was returning home after taking station leave and he along with Jasbir Singh son of Pritam Singh had gone to Goindwal Sahib in connection with some personal work, where he came across his brother Pritam Singh, from there Pritam Singh left on his moped TVS FLESASS No. PB10-CR-872, whereas complainant and Jasbir Singh were on their motorcycle make Platina bearing No. PB46-E-9119. They started for their return journey to their Village Pandhori Gola. At about 5.30 PM, when they were about 3 killas away from bus stand of Village Rashiaa, Pritam Singh was going ahead by about 20 karams on his moped, then one Indica car of silver colour being driven by its driver in a rash and negligent manner without blowing horn came from behind and hit moped of Pritam Singh. Resultantly, he fell down on the road, whereas moped had gone towards the fields. Pritam Singh suffered grievous injuries due to his fell on the road and he died at the spot. His moped was also badly damaged. The car bearing No. PB02-AV0-5252 was damaged too and it stopped about one killa ahead of the place of occurrence. The driver of the car ran away from the spot after leaving it there. After registration of the formal FIR, the investigation in the case started. The Investigating Officer (for short 'IO') accompanied by the complainant went to the place of incident. The IO prepared the rough site plan of the place of accident. He recorded statements of witnesses. He got prepared the inquest report with regard to unnatural death of Pritam Singh. He got post mortem examination conducted on the dead body. Accused was accordingly arrested. Several documents were taken into possession.

(2.) After completion of investigation and other formalities, the challan against accused was prepared and filed in the Court of Illaqa Magistrate at Tarn Taran, who supplied copies of documents relied upon in the challan to the accused free of costs as provided under Section 207 Cr.P.C.

(3.) Consideration on the point of framing of charge was made. Finding a prima facie charge for offences under Sections 304-A, 279 and 427 IPC was framed against the accused, to which, he pleaded not guilty and claimed trial.