JARNAIL CHAND ALIAS JAILA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present revision petition has been filed by Jarnail Chand alias Jaila son of Batna Ram challenging the judgment dated July 4, 1989 passed by the learned Additional Sessions Judge whereby his appeal against the judgment dated February 22, 1989 passed by the learned Chief Judicial Magistrate, Phagwara was dismissed and the conviction and sentence awarded to him under Sections 279/304-A of the Indian Penal Code, 1860 (for short, 'the Code') were maintained. Vide the aforesaid judgment, the petitioner was awarded a sentence of rigorous imprisonment for one year and to pay a fine of Rs. 2,000/-.

(2.) AS per the prosecution, on June 19, 1986 at about 8.00 p.m. Harbhajan Singh alongwith his brother Mohinder Singh and another person Balkar Singh were present at the cycle shop of his father Chanan Singh which was situated at the Bus Adda of village Bawal Pindi. The aforesaid Chanan Singh went to bring water from the tap of Lakhi Tent House and when he was returning to his own shop alongwith water at that time a Fiat car bearing No. CH-2253, which is stated to be driven rashly and negligently struck against him and dragged him 5/6 krams. Subsequently, the aforesaid car got punctured and stopped. Harbhajan Singh complainant alongwith others took Chanan Singh to the Civil Hospital, Phagwara but Chanan Singh died on the way. A formal FIR was registered. After investigation, the challan was presented. The petitioner was convicted and sentenced as aforesaid.

(3.) ON the other hand, Shri Prem Kumar, the learned Assistant Advocate General, Punjab has submitted that the prosecution version was duly proved on the record and, therefore, no interference was required to be made in the present revision petition.