KALA RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner had faced trial qua the commission of offence punishable under Sections 279, 338 and 304-A of the Indian Penal Code (for short 'IPC') in FIR No. 5 dated 14.1.2003 registered at Police Station Banaur.

(2.) The prosecution story, in brief, was that on 14.1.2003, Hakam Singh, complainant alongwith his wife Darshan Kaur, sisterin-law Dayal Kaur, brother-in-law-Tarsem Singh and Tek Singh were going from their village to Chandigarh in Mohindera Jeep No. PB- 13G/2585 at about 8.45 a.m. When they were at a distance of about half kilometer from Bus Stand Jangpura, a truck bearing No. HR- 37A/2252 came from the opposite direction. The truck was being driven by its driver in a rash and negligent manner and, while over taking one tractor trolly, struck against the Jeep in which the complainant was travelling. Consequently, the Jeep fell in the ditches. Darshan Kaur, Dayal Kaur, Tarsem Singh and driver of the Jeep succumbed to their injuries. The complainant-Hakam Singh and Tek Singh had also suffered injuries in the accident.

(3.) The trial Court vide judgment/order dated 25.8.2010 ordered the conviction and sentence of the petitioner under Section 304-A IPC. Aggrieved against the said judgment/order of conviction and sentence, petitioner preferred an appeal and the same was dismissed by the appellate Court vide judgment dated 23.8.2012. Hence, the present petition.