LAWS(P&H)-2002-11-196

SUBASH CHANDER Vs. STATE OF PUNJAB

Decided On November 13, 2002
SUBASH CHANDER Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Petitioner Subash Chander has filed the present petition against judgment dated July 19, 1989 passed by Additional Sessions Judge, Ludhiana whereby appeal filed by him against judgment dated February 18, 1988 passed by Sub Divisional Judicial Magistrate, Khanna convicting him under Section 304-A of Indian Penal Code, was dismissed. However, sentence of one year's rigorous imprisonment awarded by the trial Magistrate was reduced to six months rigorous imprisonment. Besides this, a fine of Rs. 2000/= was also imposed upon the petitioner.

(2.) The prosecution version is that on September 17, 1985, Ramesh Kumar deceased was selling soft cold drinks on his Rehri in front of New Bus Stand Khanna. His father's brother Pritpal Singh was also present there. A car driven by Subash Chander came at a high speed and without blowing horn crushed Ramesh Kumar. It is stated that the aforesaid car was being driven rashly and negligently by the petitioner. After investigation, challan was presented and trial Magistrate convicted and sentenced the petitioner as aforesaid.

(3.) Shri K.S. Ahluwalia, Advocate, learned counsel appearing for the petitioner has submitted that the site-plan PD is purported to have been prepared on September 17, 1985 i.e. the date of occurrence. However, in cross-examination, Sarup Singh who has appeared as PW-4, has stated that on the date of occurrence, it had grown dark and, therefore, he went to the spot on the next day and made further enquiries. From this, Shri Ahluwalia submits that it is apparent that Sarup Singh, Investigating Officer had prepared the site-plan on September 18, 1985 and put the date as September 17, 1985. It is further submitted by Shri A.S. Ahluwalia that even Gurmit Singh who was produced as an eye witness to the occurrence, was not named in the F.I.R.