SUNIL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant criminal revision is directed against the judgment dated 15.02.2012 passed by learned Additional Sessions Judge, (Adhoc) Fast Track Court -II, Hoshiarpur, thereby dismissing the appeal of the petitioner against the judgment of conviction and order of sentence dated 31.08.2010, passed by learned Sub Divisional, Judicial Magistrate, Dasuya.

(2.) Briefly stated, the relevant facts of the case are that Lakhbir Singh got his statement recorded on 30.12.2002 before Head Constable Kulwant Singh. The complainant stated that on 29.12.2002, he and Davinder Singh were coming to their village Dasuya from village Johal on a scooter. His brother-in-law Sham Lal son of Lachhman Dass resident of Johlan was going ahead of them on his scooter bearing No. PAJ-5402. The time was around 6:00 pm. When they had reached about two furlong ahead from Civil Hospital, Dasuya, a Toyota Qualis bearing No. CH-02-0775 came at high speed from the opposite direction. The driver of the vehicle was driving in a rash and negligent manner. He hit the scooter of Sham Lal - his brother-in-law who fell down on the road and sustained multiple injuries. Driver of the vehicle disclosed his name as Sunil son of Gopal Dass, resident of Sector 31-C, Chandigarh. Thereafter, he fled away from the place of accident. Injured Sham Lal was taken to Civil Hospital, Dasuya from where he was referred to PGI, Chandigarh. On the above said statement, a case was registered. Investigation was started. Accused was arrested on 31.12.2002. However, Sham Lal succumbed to his injuries on 04.01.2003 at PGI, Chandigarh. After conclusion of the investigation, report under Sec. 173 Crimial P.C. was presented to the learned Court of competent jurisdiction.

(3.) Having found a prima facie case, charge was framed against the accused under Sec. 279/304-A of the Indian Penal Code (for short, 'IPC'). The accused pleaded not guilty and claimed trial. With a view to prove its case, the prosecution examined as many as ten PWs, besides tendering some documents in evidence. After conclusion of the prosecution evidence, all the incriminating material was put to the accused and his statement was recorded under Sec. 313 Crimial P.C. The accused alleged false implication and pleaded complete innocence, however, it did not lead any defence evidence.