SARABJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant revision petition has been filed against the order of Additional Sessions Judge, Jalandhar dated 19.9.2012 whereby the appeal of the petitioner against the order of conviction and sentence dated 19.8.2011 passed by the Chief Judicial Magistrate, Jalandhar in case FIR No.32 dated 21.3.2007, registered at Police Station Kartarpur, District Jalandhar under Sections 304-A, 279, 427 IPC has been dismissed and sentence of rigorous imprisonment for a period of six months under Sections 279 IPC, and to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.2,000/-, in default to undergo further RI for one month, under Section 304-A IPC and to pay a fine of Rs.200/-, in default to undergo RI for three days, under Section 427 IPC, has been affirmed.

(2.) The prosecution version emerges in the statement of complainant Vijay Kumar son of Som Nath who made a statement Ex.PA before ASI Tara Chand to the effect that he is a carpetner by profession. His father pursuing the avocation of sofa making. On 21.3.2007 at about 4.30 p.m., he and his father were going to furniture market on their respective bicycles. His father was ahead of him. According to him, when his father crossed the bus stand chowk, a Mini Truck bearing No.PB-13-J-9228 came from Jalandhar side being driven in a rash and negligent manner and struck against the bicycle of his father due to which his father fell down and due to severe injuries sustained in the accident, he died at the spot. At the time of accident, one Ram Chand s/o Bhagat Ram was also accompanying the complainant and he had also seen the accident. The complainant came to know the name of the driver of the offending vehicle as Sarabjit Singh s/o Harbhajan Singh petitioner herein, later on.

(3.) After investigation, challan was presented against the petitioner. Charge was framed under Sections 279, 304-A, 427 IPC. Petitioner pleaded not guilty and claimed trial. To prove its case, prosecution examined PW1 Dr. Sanjeev Babuta, Assistant Civil Surgeon, PW2 Vijay Kumar complainant, PW3 SI Tara Chand, PW4 Sampuran Singh, Junior Assistant, DTO Office, Amritsar, PW5 Amarjit Singh who mechanically examined the offending vehicle and PW6 Varinder Kumar, Photographer, Lovely Studio, Kartarpur, who has proved on record photographs Ex.PW6/A and Ex.PW6/B and their negatives as Ex.PW6/C and Ex.PW6/D and thereafter closed its evidence.