RAWAIL SINGH @ HARBAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a revision petition against the judgment dated 15.05.2009 passed by Judicial Magistrate Ist Class, Moga and the order dated 28.09.2011 passed by Additional Sessions Judge, Moga, vide which, the appeal filed by the petitioner was dismissed.

(2.) The petitioner has been awarded a rigorous imprisonment for six months under Section 279 of the IPC and rigorous imprisonment for one year under Section 304-A of the IPC and Rs. 500/- as fine and in default of payment of fine, he was further directed to undergo rigorous imprisonment for a period of one month.

(3.) The facts, in short, are that Balwinder Kaur alias Bindri, who was only aged about 16 years and was a student of 10th Class in Government Girls School, Ghal Kalan was coming back towards her house along with her uncle-complainant Ranbir Singh, who had gone to pick her from School. Two other girls, namely, Navdeep Kaur and Gurjit Kaur, who were also studying in the same school, were coming on their bicycles along with Balwinder Kaur. At about 2.30 p.m., when they were little behind the Police Station Ghal Kalan, then one truck No.PB04 2693 came from Moga side which was driven by its driver rashly and negligently and struck against the cycle of Balwinder Kaur who fell down on the ground and succumbed to the injuries. The appellant-accused tried to run away from the spot by leaving the truck but was apprehended by Nirmaljit Singh, who was present there. Accused disclosed his name as Rawail Singh son of Jarnail Singh.