CHAJJA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant criminal revision is directed against the judgment dated 28.3.2012 passed by the learned Additional Sessions Judge, SAS Nagar (Mohali), whereby the judgment of conviction and order of sentence dated 5.12.2009 passed by the learned Judicial Magistrate Ist Class, Kharar, was upheld, dismissing the appeal of the petitioner.

(2.) The brief facts, culled out from para 2 of the judgment dated 5.12.2009 rendered by the learned Judicial Magistrate Ist Class, Kharar, are that an information was received by HC Kuldeep Singh, regarding an accident on 15.1.2007. He alongwith other police officials went to Shri Guru Harkrishan Hospital, Sohana, where, he was informed by the doctor that the injured had been referred to PGI, Chandigarh. Then he reached PGI, Chandigarh but the doctor declared the injured as unfit to make the statement. On 16.1.2007, information regarding the death of Manmohan Singh was received. HC Kuldeep Singh alongwith other police officials again went to PGI Chandigarh. He met Baljit Singh Gill son of Joginder Singh Gill, outside the dead house of PGI Chandigarh. The complainant stated that he was doing a private job at Ludhiana. On 15.1.2007, he alongwith his brother Manmohan Singh and family of Manmohan Singh, went to Patiala to attend the marriage of their relative. After attending the marriage, they were coming back to Mohali in their respective cars. His brother Manmohan Singh resident of Mohali, his wife Satvir Kaur and their sons Simranjit Singh and Prabhjot Singh were sitting in the maruti car bearing No.HR-01- B-1795 and were going ahead of him. His sons were sitting on the rear seat of the car. The complainant further stated that he himself was in the car bearing No.PB-10-BG-0975 alongwith Inderjit Singh son of late Harbans Singh. He was behind the car of Manmohan Singh. When they crossed SYL canal and reached the revenue limits of village Majat at about 6.30 p.m., a jeep bearing No. HR-24-B-8556 came from the side of village Majat, which was being driven at a high speed, rashly and negligently, on the wrong side . The said jeep hit the car of Manmohan Singh bearing No. HR-01-B-1795 with great force due to which, the maruti car turned turtle and the jeep fell up side down on the left side. The complainant stopped his car and went at the spot alongwith Inderjeet Singh. They saw that Manmohan Singh, his wife Satvir Kaur and his son Prabhjot Singh had suffered grievous injuries. All of them were stuck up in the car.

(3.) The car was also damaged. They took the injured out from the car with the help of people who gathered there and took them to Shri Harkrishan Hospital, Sohana. The concerned doctor referred them to PGI Chandigarh, where Manmohan Singh died. Satvir Kaur and her son Prabhjot Singh were admitted in PGI due to accidental injuries suffered by them. The accident took place due to rash and negligent driving of jeep driver namely Chajja Singh son of Gurbax Singh. On the said statement of the complainant, FIR under Sections 279, 338, 427 and 304-A of Indian Penal Code (for short IPC') was registered.