KULJEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This criminal revision petition is filed being aggrieved of conviction by the learned Judicial Magistrate First Class, Patiala under Ss. 279/304-A of the Indian Penal Code, 1860 (for short 'IPC') vide judgment dtd. 13/9/2016 and order of even date of quantum of sentence. Further, order dtd. 9/10/2019 upholding conviction by dismissal of appeal by the learned Sessions Judge, Patiala is also under challenge.

(2.) The relevant facts are that on 19/10/2011, statement of Parwinder Singh was recorded that his sister Gurpreet Kaur along with her friend Mandeep Kaur used to go on scooty to Khalsa College, Patiala. On that fateful day the complainant was coming on motorcycle with them. On reaching near Airport a tipper bearing registration No. PB-11-AT-T-6736 [hereinafter referred to as 'offending vehicle'] driven at a high speed and in a negligent manner came from Patiala side, crossed the complainant and rammed into the scooty driven by Mandeep Kaur. The offending vehicle ran over Gurpreet Kaur, as a result of the accident both the occupants of the scooty died at the spot.

(3.) The prosecution proved the accident, rash and negligent driving of the offending vehicle and the factum that Kuljeet Singh (petitioner) was driving the offending vehicle at the relevant time. Prosecution examined fourteen witnesses and relied upon the exhibits.