JAGDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner assails judgment dtd. 16/11/2019 passed by learned Sessions Judge, Patiala vide which his appeal challenging his conviction as recorded by learned Judicial Magistrate 1st Class, Rajpura vide his judgment dtd. 13/2/2019, has been dismissed.

(2.) The FIR in question i.e. FIR No.80 dtd. 15/8/2011 at Police Station Shambu under Ss. 279 and 304-A of Indian Penal Code was lodged at the instance of Amit Kumar, wherein it is alleged that on 15/8/2011 while he alongwith his wife Poonam Rani and daughter Shiya Rani was travelling in a private bus run by Patiala Bus Highways Company bearing registration No.PB-10X-8025 in order to go to Ambala, the driver of the said bus was driving the bus in a rash and negligent manner. It is alleged that the driver of the bus attempted to pass his bus in between two canters going ahead of the bus and in the process struck into a canter as a result of which Poonam Rani sustained multiple injuries on various parts of her body and died at the spot.

(3.) The matter was investigated by the police and upon conclusion of investigation challan was presented against the petitioner for offences under Ss. 279 and 304-A of Indian Penal Code. The prosecution, in order to establish its case, examined PW-1-HC Gurmukh Singh. The complainant Amit Kumar stepped into the witness box as PW-2. The prosecution also examined PW-3-Krishan Lal. PW-4-Dr. Sugam Sharma also stepped into the witness box and proved the post-mortem examination of deceased. Apart from the said witnesses some other witnesses i.e. PW-5-Ravinder Singh, PW-6-Pawan Kumar, Clerk, DTO Office, Sangrur, PW-7-Baljinder Singh, Steno-Typist, RTA, Ludhiana and PW-8-Avtar Singh, Photographer were also examined. The statement of the accused was recorded in terms of Sec. 313 Cr.P.C. so as to enable him to explain the circumstances appearing against him, wherein he simply pleaded innocence and his false implication.