KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Khushwant Ram (PW-1) made a statement before ASI. Arjan Dev (PW-6) on May 12, 1985 that at about 8.45 P.M. he had found scooter No. CHR-1357 lying on the road side in the area of village Desumajra and a dead body of a Sikh gentleman lying nearby with a woman sitting alongside. A C.R.P.F. jeep was brought to the spot and the woman was removed to the P.G.I. Chandigarh. On enquiry, she stated that she was Nisha Rani and narrated the entire story. On her statement, an FIR was registered under sections 304- A/279/338 and 427 of the Indian Penal Code. On investigation, it transpired that the accident had occurred with truck No. CHW-4291, driven by petitioner Kulwant Singh. On the completion of the investigation, the accused was charged for the aforesaid offences and as he pleaded not guilty, was brought to trial.

(2.) The trial Court relied on the evidence of Khushant Rai (PW- 1), Nisha Rani (PW-2) and several other witnesses.

(3.) When examined under Section 313 of the Code of Criminal Procedure, the accused-petitioner denied that the truck in question had been involved in the accident or that he had been driving the truck at the time of the accident. He has also produced certain witnesses in defence.