NIRVAIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been filed against the order and judgment dated 07.03.2009 passed by the Judicial Magistrate Ist Class, Ludhiana, vide which, the petitioner was held guilty under Sections 279 and 304-A of the IPC and was convicted and sentenced to undergo rigorous imprisonment for six months under Section 279 of the IPC and rigorous imprisonment for two years and a fine of Rs. 500/- under Section 304-A IPC and in default of payment of fine, he was further directed to undergo rigorous imprisonment for one month, as well as, the order and judgment of conviction dated 17.09.2011 passed by the Additional Sessions Judge, Ludhiana, vide which, the appeal filed by the petitioner against the order and judgment dated 07.03.2009 was dismissed.

(2.) The facts, in short, are that Amrik Singh, ASI, as well as, his wife's brother, namely, Amar Singh @ Kaka were going to the house of their relative near Baoda Bank, Basant Park to meet him. They were on different bicycles. They were returning on their bicycles in the evening. At 7.30 p.m., when they reached near ITI College, Gill Road, a truck came from behind at high speed and without blowing horn, the truck ran over Amar Singh. Amar Singh got seriously injured and fell on one side of the road. The driver of truck No.DL-1GA-2289 got down from the truck and disclosed his name as Nirvair Singh son of Major Singh.

(3.) While praying for setting aside the impugned orders, learned counsel for the petitioner raised two fold arguments. Firstly, that P-6 is the photographs produced on record by the prosecution belonging to different truck. Secondly, the defence counsel was not allowed to cross examine the witnesses.