LOVE RAJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner seeks to challenge the judgment dated 7.9.2000 passed by Additional Sessions Judge, Rupnagar by which the conviction and sentence recorded against him on 5.4.1999 by Additional Chief Judicial Magistrate, Rupnagar was upheld and the appeal filed by him was dismissed.

(2.) ON 5.10.1995, Balbir Singh brother of Amarjit Singh PW and his sister-in- law Harminder Kaur were going on scooter No. PAP-3648 from Gharuan to Machhiwara. Amarjit Singh PW4 and Amrik Singh PW7 were following them on a motor cycle. When they reached near Dallan Khurd situated on the G.T. Road, then a Matador No. PAI-8198 came from the side of Ludhiana. It was being driven in a rash and negligent manner and hit the scooter of Balbir Singh. As a result of the accident, Harminder Kaur and Balbir Singh received multiple injuries. Harminder Kaur died on the spot. Amarjit Singh had arranged for a car and took Balbir Singh injured to Morinda Hospital leaving Amrik Singh near the dead body of Harminder Kaur. The driver of the Matador had fled away with the vehicle towards Morinda. Later on the name of the driver of Matador No. PAI-8198 came to the knowledge of the complainant. He was identified as Love Raj petitioner. The formal FIR was registered on the statement of Amarjit Singh. During the investigation, the petitioner was arrested. His driving licence and Matador in question were taken into possession. The challan was put in Court of the Illaqa Magistrate.

(3.) THE prosecution examined ten witnesses to prove its case against the petitioner.