JAGIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present criminal revision petition is directed against the judgment dated 09.02.2012 passed by learned Additional Sessions Judge, (Adhoc) Fast Track Court, Amritsar, thereby dismissing the appeal of the petitioner against the judgment of conviction and order of sentence dated 12.11.2009 passed by learned Judicial Magistrate, Ist Class, Amritsar.

(2.) The facts of the present case, when put into narrow compass, are that on 27.07.2003, Sub Inspector Kashmiri Lal along with other police officials, was present in the area of Sultanwind on patrol duty. Pal Singh son of Kabul Singh came and got his statement recorded. He stated that he was resident of Daburji. On 27.07.2003, he and his father Kabul Singh, were coming back from Gurdwara Shaheeda Sahib to their house on their separate bicycles. At about 4:00 am, when they reached near Taj Palace, a mini Truck TATA 608 bearing No. PAT 784 came from the opposite side. It was being driven in very rash and negligent manner by a Sikh gentleman, who struck his truck in the bi-cycle of his father. His father got crushed underneath the truck. He further stated that he immediately turned his bi-cycle towards the road side and saved his life. He came to know that name of the driver was Jagir Singh son of Bachan Singh. The accused parked the truck at a distance and managed to run away from the spot. His father died at the spot. Leaving Gurnam Singh son of Parkash Singh near the dead body of his father, he was going to the police station to lodge the report when the police party met him. He requested for taking legal action against the accused. After recording the statement, Ruqa was sent to the police station, on the basis of which FIR was registered. Investigation was carried out. Case property was recovered. Rough site plan was prepared. Medical evidence was collected. Statements of witnesses were recorded. On completion of the investigation, report under Sec. 173 Crimial P.C. was presented to the Court of competent jurisdiction.

(3.) Having found prima facie case, charge was framed against the petitioner for the offence under Sec. 304A of the Indian Penal Code (for short, 'IPC'). The accused pleaded not guilty and claimed trial.