BOHAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Assailed in this revision petition is the judgment dated 1.2.2005 passed by Additional Sessions Judge, Fast Track Court, Ferozepur dismissing the appeal of Bohar Singh accused/petitioner (herein referred as 'petitioner') against the judgment dated 4.6.2002 passed by Chief Judicial Magistrate, Ferozepur and maintaining the sentence of rigorous imprisonment for 1 years and to pay fine fine of Rs.1000/- under Section 304-A of the Indian Penal Code.

(2.) Briefly stated, the allegations as unfolded by Natha Singh complainant (herein referred as 'complainant) are that on 26.2.1998 at about 7.30 AM, he along with his nephew Lovepreet Singh alias Kaali went to purchase a pencil. After purchasing the same, when they were returning to their house, a truck bearing Reg.No.,PBE-7043 driven by the petitioner at a very high speed and in a rash and negligent manner came from the opposite side and crushed Lovepreet Singh. The complainant and one Ramesh Kumar took Lovepreet Singh to Baggi Hospital, Ferozepur, but he breathed his last on the way.

(3.) On the aforesaid allegations, the case was investigated. On submission of the charge report, the petitioner was charged under Sections 279 and 304-A IPC, to which he pleaded not guilty and claimed trial.