JASWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in the present revision petition is to the judgment and order of sentence dtd. 6/11/2017 passed by the Chief Judicial Magistrate, Fardikot vide which the petitioner has been convicted under Sec. 279, 304-A and 427 IPC and has been sentenced as under:-

(2.) Challenge is also to the judgment dtd. 19/10/2021 passed by the Additional Sessions Judge-I, Faridkot vide which the appeal filed by the present petitioner has also been dismissed and the sentence imposed upon the petitioner has been upheld.

(3.) Briefly stated, the case of the prosecution is that on 11/4/2014, a medical ruqa was received with respect to the accident of Raj Kumar S/o Chanan Ram and on receipt of the same, a police party had reached the hospital where, opinion with respect to the fitness of the injured was sought but however, the injured was stated to be unfit to make a statement and on 20/4/2014, the injured- Raj Kumar succumbed to his injuries and thus, FIR was registered on the statement of the complainant Mohan Lal which was recorded to the effect that on 11/1/2014, he alongwith, Rishu Kumar, was going towards Kotkapura Bypass on motorcycle which was being ridden by Rishu Kumar and he was the pillion rider and at about 07:30 PM, one motorcycle bearing registration No. PB03-G-0585 of Suzuki make, having milk drums on both sides, came from the back side and crossed them in a very rash and negligent manner and at a very high speed and struck the motorcycle of Raj Kumar, bearing registration No. PB04-N-5030 from the side of the milk drum and on account of which the said Raj Kumar fell down on pacca surface and suffered several injuries on his head and fell unconscious and it was, thus, submitted that the petitioner, driving in a rash and negligent manner, had caused the accident due to which the said Raj Kumar died. Challan was presented and the charges were framed under Ss. 279, 304-A and 427 of IPC. The prosecution had examined 6 witnesses which are detailed hereinbelow:-